Getting to Yes: Understanding and Applying SCA and DBA Price Adjustments
Presented by Nichole Atallah and Sarah Nash Click here to view the recorded session.
Imminent Deadline Looms for Government Contractors on Cybersecurity Compliance
Now that the government fiscal year end has passed, government contractors that handle controlled unclassified information (“CUI”) must turn their attention – if they haven’t already – to the quickly approaching calendar year end deadline of being compliant with cybersecurity obligations imposed under Defense Federal Acquisition Regulation Supplement (DFARS) § 252.204-7012. U.S. Department of Defense (“DoD”) rules adopted in 2016 require that government contractors handling “controlled unclassified information” have until December 31, 2017, to implement standards set forth in NIST . . . Read More
The Weekly Update October 27, 2017
CAPITOL HILL House Small Business Committee letter requesting update to Small Business Tax This week, House Small Business Committee Chairman Steve Chabot (R-OH) sent a letter with Ranking Member Nydia Velázquez (D-NY) to House Committee on Ways and Means Chairman Kevin Brady (R-TX) and Ranking Member Richard Neal (D-MA) requesting the Committee consider H.R. 3717, the Small Business Owners’ Tax Simplification Act. H.R. 3717 which would update the tax code for small businesses, startups, and entrepreneurs. In the letter, Chairman . . . Read More
Michelle Litteken was recently quoted by Bloomberg Government Federal Contracts Report in their recent article “Raytheon’s Win in Conflicts Case Serves as a Vetting Reminder.”
Michelle Litteken was recently quoted by Bloomberg Government Federal Contracts Report in their recent article “Raytheon’s Win in Conflicts Case Serves as a Vetting Reminder.” When asked about screening federal contract employees and preventing conflicts of interest, Ms. Litteken responded, “Contractors should gain an understanding of the new employee’s prior level of authority and obtain the employee’s former job description,’’ she said. ‘‘Contractors should also obtain a copy of the employee’s ethics opinion if one was prepared by the former . . . Read More
The ABCs of SBICs
Presented by Jon Williams and Kimi Murakami Click here to view the recorded session.
The Weekly Update October 20, 2017
GOVERNMENT CONTRACTS “Conferees Will Determine Fate of Defense Bill Provision to Deter Frivolous Contractor Bid Protest” Government Executive, October 13, 2017. Retrieved from govexec.com Senators, as they have in past bills, inserted language in their fiscal 2018 National Defense Authorization Act that would affect the three-decade-old bid protest process in two ways: Companies with more than $100 million revenues in the previous year’s which file unsuccessful protests against contract awards to a competitor would be required to pay the Defense Department . . . Read More
Has the Government Solicited Bids Under the Correct 2017 NAICS Code? Here’s How to Make Sure That It Does!
On October 1, 2017, the U.S. Small Business Administration (“SBA”) updated its table of the North American Industry Classification System (“NAICS”) codes, which resulted in numerous changes, including additional industries, the merger of industries, and increased and decreased size standards. For example, NAICS 452210 (Department Stores) was combined into one industry from two 2012 NAICS Codes: 452111 (Department Stores except Discount Department Stores) and 452112 (Discount Department Stores). Additionally, NAICS 452210’s size standard increased from 29.5 Million to 32.5 Million. . . . Read More
U.S. Supreme Court Denies Petition for Certiorari on Constitutional Challenge to 8(a) Program
On October 16, 2017, the U.S. Supreme Court denied the petition for a writ of certiorari filed by Rothe Development, Inc. in R othe Development, Inc. v. Department of Defense & Small Business Administration . Rothe, a non-minority-owned federal contractor, challenged the SBA’s 8(a) Program, a program which gives benefits to small business concerns owned and controlled by socially and economically disadvantaged individuals. Rothe alleged that the statutory basis of the 8(a) Program denies it, a company not owned or controlled by socially and economically disadvantaged individuals, equal protection of the law, . . . Read More
The Weekly Update October 13, 2017
SMALL BUSINESS ADMINISTRATION Women-Owned Small Business Federal Contract Program NAICS Code Updates The U.S. Small Business Administration (“SBA”) has updated the North American Industry Classification System (“NAICS”) codes authorized for use in the Women-Owned Small Business (“WOSB”) Federal Contract Program (“WOSB Program”). The update is being made to reflect the U.S. Office of Management and Budget’s NAICS revision for 2017, identified as NAICS 2017. NAICS 2017 created 21 new industries by reclassifying, combining, or splitting 29 NAICS 2012 industry codes. . . . Read More
Limitations on Subcontracting – What’s the Latest and Why Isn’t It in My Contract Yet?
Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what these new SBA regulations mean and how to determine compliance. By far, the biggest query we receive is whether SBA’s limitations on subcontracting rules (e.g., 13 C.F.R. § 125.6) are incorporated into a current contract. It is SBA’s position that these new . . . Read More