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The FAR rule will become effective on December 4, 2023, and will apply to new contracts and contracts subject to extension or renewal. Government to mitigate risks. products and services) and “Covered Sources” (i.e., federal contractors and suppliers).
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. which applies to contracts with commercial organizations. Subsequent articles will address the allowability of selected items of cost.
It’s a good chance to look back on the important articles from 2023, and those topics of continuing interest to federal contractors. This post can tell you all the basics about debriefings, a crucial part of the complicated world of bidding on governmentcontracts. Looking for the latest governmentcontracting legal news?
The awarded task order reflected GreenXT’s proposed cost of $24,848,774, which was just below GAO’s $25 million jurisdictional threshold. But the Navy determined GreenXT’s total evaluated cost— i.e., the total amount the Navy expected to pay—to be $25,116,561, which was above the GAO threshold. View the full article
Background The case relates to an award issued by a Geneva-seated ICC tribunal constituted pursuant to a Swiss law-governedcontract executed between General Dynamics United Kingdom (“GD UK”) and the State of Libya (“Libya”) for the supply of communication and information systems to be installed in Libyan army vehicles (the “Contract”).
The post At Long Last: CAS Board Seeks Input Regarding CAS Coverage of Indefinite Value Contract Vehicles appeared first on GovernmentContracts Legal Forum. View the full article
The current topic is Federal Acquisition Regulation (FAR) Cost Principles applicable to contracts with commercial organizations. This article begins coverage of FAR 31.205, Selected Costs, which includes forty-seven Cost Principles, each of which governs the allowability of a particular type of cost. DCAA, DCAM ¶ 6-413.1.c.
DOJ also expects to provide rewards to whistleblowers only in cases involving penalties above a certain monetary threshold. The post DOJ Offers Cash “Carrot” to Whistleblowers; Foreshadows “Stick” of More Corporate Enforcement appeared first on GovernmentContracts Legal Forum. View the full article
This implies using simple processes for straightforward transactions and more sophisticated processes for complex ones, such as relational contracts introduced by Nobel Laureate Oliver Hart during the event. In contrast, relational contracting emphasizes cooperation for mutual benefit.
The Interim Rule becomes effective 60 days after publication, requiring new FAR clauses to be incorporated into all solicitations and contracts (including orders and modifications) issued after December 4, 2023. In August 2021, the FASC issued a Final Rule adding a new 41 C.F.R. When a removal or exclusion order is issued, U.S.
The Final Rule also makes many changes to 2 CFR Parts 180 and 200, including, but not limited to, increasing the threshold for audits, clarifying the requirements for fixed amount awards, and implementing a mandatory disclosure rule. View the full article
Looking to access federal contracts as a woman-owned small business? It empowers economically disadvantaged women to secure set-aside contracts. In this article, discover what EDWOSB certification is, its benefits, and how to get started. The EDWOSB certification is key. What is EDWOSB Certification?
The new FAR clauses implementing these changes will apply to all contracts, including contracts below the simplified acquisition threshold (SAT), contracts or orders for commercial products or services (including commercial off-the-shelf (COTS) items), and orders under indefinite delivery, indefinite quantity contracting vehicles.
This article explores practical approaches to streamline public sector procurement processes and focuses on increasing participation from Small and Medium-sized Enterprises (SMEs). Smaller governmentcontracts and projects with SMEs can often provide savings and a high level of performance and accountability.
Such a service requires the government to procure contracts in a well-managed and efficient manner. Furthermore, when the government improves its public procurement process, it can save significant amounts of money. Public procurement is the process of the local government obtaining goods and services through local businesses.
In governmentcontracting, if a contract value exceeds a certain dollar threshold and an international trade agreement governing procurement is applicable, the BAA domestic preferences will be waived in favor of permitting acquisition of TAA-compliant products. The same process will not apply to BABA.
Both prohibitions will apply to all procurements, including commercially available off-the-shelf (COTS) items, and purchases below the micro-purchase threshold: Section 5949(a)(1)(A) ( Part A ) prohibits agencies from acquiring electronic products or services that include covered semiconductor products or services. View the full article
As contracting activities are busy awarding new contracts, it is important to follow the trends related to successful and effective protests as you consider filing your own bid protest, or as you defend your award as an intervenor. Below we dive into recent bid protest decisions and identify what won, what did not win, and why.
The COFC denied the government’s motion to dismiss Vanda’s claim that the government committed an unconstitutional taking by disclosing Vanda’s trade secrets but also shared doubts about its merits. The post Does Government Disclosure of a Company’s Trade Secrets Amount to an Unlawful Taking Under the Fifth Amendment?
This article provides some key considerations to enhance the reader’s understanding of the FAR prescriptions, AND, the user/participants experience using the CPARS. when the scope of the basic contract is very broad and the nature of individual orders could be significantly different)….”
For more background on the initial draft RFP, Baker Tilly published an article that is available here. Read the full article here. They must also report to the government if they discover that a covered article has been provided or used in the performance of a contract. To register, click here.
This decision is consistent with other decisions we have analyzed in previous articles. This decision reminds protesters that if the task order award amount is below the jurisdictional threshold, even if the evaluated price is above the threshold, the GAO will likely dismiss the protest, absent very unusual circumstances.
Applicability All government contractors that handle regulated data under DoD contracts such as CUI and FCI are required to meet CMMC. CMMC requirements, however, are not applicable under the proposed rule to government information systems operated by contractors in support of the government. View the full article
million federal employees who will be directly impacted in some way by a federal government shutdown with the majority facing a furlough of an undetermined length. federal governmentcontracts signed every year and they may be impacted by a shutdown. Finally, the federal government spends approximately $1.2
Crowell & Moring’s GovernmentContracts Group discusses the most consequential changes for government contractors here. Website content must be updated biannually and be maintained as open government data assets. View the full article
SBA is requesting comments on (1) whether 80 hours per month is an appropriate threshold, (2) whether there should be a minimum number of hours per week, and (3) whether there should be an exception to the 80 hours per month threshold for a limited number (or percentage) of individuals where such individuals are working at least 40 hours per month.
Whether through the vaccine mandate, minimum wage increase, emissions disclosure rules, or now with Buy America (BA) rules, the Biden administration has long used the governmentcontracting community to advance its domestic policies. The IIJA also requires all “manufactured products” to have been (1).
For government contractors working with various agencies of the United States government, following specific rules for government contractors is essential for compliance and securing contracts. This article breaks down the essential rules every contractor needs to know.
We’ve been very busy here at SmallGovCon with all that is happening in the federal governmentcontracting world. We have included an extensive list of informative articles for this week in review. Then the government had him write an essay. July sure is flying by!
In other words, for articles, materials, and supplies where the cost of iron or steel is more than 50% of the total cost of all components, the article, material, or supply should be analyzed under FHWA’s separate iron or steel test (rather than the above-referenced manufactured product test).
SBA’s recently proposed rule seeks to officially broaden the reach of its “Rule of Two”–a governmentcontracting requirement fundamental to supporting our nation’s small business infrastructure, policies, and goals. Looking for the latest governmentcontracting legal news?
DFARS clause 252.204-7021, Contractor Compliance with the CMMC Requirements , will be used in solicitations and contracts that require contractors to have a specific CMMC level, including those using FAR Part 12 for commercial products and commercial services, with the exception of COTS items. The CMMC 2.0
Further, confirming the broad applicability of CMMC, DOD confirmed that these requirements will be applicable to contracts below the Simplified Acquisition Threshold (which currently sits at $250,000). Note: Potential offerors should also review Baker Tilly’s article covering updates from draft RFP 1 to draft RFP 2. 89 FR 68274.
This article cuts through complexity to address when sole sourcing is necessary, the justification process, and how to manage the associated risks. For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted.
Demand data is shared publicly every other month through GSA’s Vendor Support Center To work towards its goal of “complete transparency” in government procurement purchasing, GSA has expanded its datasets and plans to make more data available over the coming years. See the article above for more details. Government (e.g.,
Jay Blindauer A contractor takes on a Governmentcontract to make money, and inflation is getting in the way. With inflation eroding value for this long, a Government contractor may need to obtain contract relief. 17] However, FAR 16.203-4 limits the use of the FAR EPA clauses to fixed-price contracts. [18]
A future article in the Friday Flash will provide more details on the requirements in these DFARS clauses. Accordingly, contractors competing under OT solicitations (as well as governmentcontracting personnel) should be aware of the potential for judicial review of these kinds of acquisitions.
A number of provisions in both chambers’ versions of the FY 2024 NDAA seek to expand DoD purchases of goods and services produced in the United States: Navy Shipbuilding: Senate Section 866 would adjust the domestic content requirements under the Buy American Act of articles, materials, or supplies procured for use in Navy shipbuilding.
A wave of recent changes in federal and state law pertaining to PFAS chemicals is likely to present both immediate and long-term challenges to the governmentcontracting community. What are PFAS chemicals and where are they used in governmentcontracting?
The comments herein do not necessarily reflect the views of The Coalition for Government Procurement. The FAR rule will become effective on December 4, 2023, and will apply to new contracts and contracts subject to extension or renewal. products and services) and “Covered Sources” (i.e., federal contractors and suppliers).
Please enjoy the Week in Review and read up on some recent updates across governmentcontracting. Some highlights include GSA starting the COMET II contracting process, and new guidelines on AI tool procurement for federal agencies. You can read more about these topics and news from this week in the articles below.
Reducing PFAS in Federal Procurement – On April 16, 2024, GSA published a Request for Information seeking public comment on reducing or even eliminating procurement of products with PFAS through GSA contract solutions. The post Sustainable Procurement Update: Spring 2024 appeared first on GovernmentContracts Legal Forum.
Its a good chance to look back on the important articles from 2024, and those topics of continuing interest to federal contractors. FAR Final Rule: Increased Micro-Purchase and Simplified Acquisition Thresholds. Looking for the latest governmentcontracting legal news? Need legal assistance? Call us at 785-200-8919.
The Order potentially applies to all “workers working on or in connection with a Federal Governmentcontract[.]” [10] This is the same language that DoL used in describing the scope of the 2014 Order, and made clear that an individual being an actual employee is immaterial to assessing the connection. [11] 214(a)-(b). [14]
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