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The requirement to pay “prevailing wages” to covered workers is a perennial aspect of many types of governmentcontracting, including construction contracts subject to the Davis-Bacon Act (“DBA”) and certain related laws (collectively referred to as the Davis-Bacon and Related Acts or “DBRA”).
Congress would really like the FAR to focus on additional examples Definitions. the FAR must update definitions related to specific types of organizational conflicts of interest, including unequal access to information, impaired objectivity, and biased ground rules. Definitions. The entire law, however, was less than two pages.
Small Business Administration’s Office of Inspector General isn’t mincing words–OIG thinks that SBA has strayed from Congressional intent with its expansive definition of who qualifies as a HUBZone employee for purposes of satisfying the HUBZone Program’s eligibility requirements.
” This definition was removed at the end of 2022. ” Notice how much shorter this is than the previous now-defunct VA definition, and removes the parts in bold referenced earlier in this post. Looking for the latest governmentcontracting legal news? Pay close attention to the parts in bold as we move forward.
In this episode, they dive into the definition of cost or pricing data. It All Adds Up” is Crowell & Moring’s podcast covering the latest governmentcontract accounting, cost, and pricing developments. Spoiler alert: the devil’s in the details. “It
The nonmanufacturer rule is one that is commonly misunderstood in the federal governmentcontracting realm. Despite its seemingly straightforward definition, being classified as a “nonmanufacturer” entails more than simply not being the manufacturer.
Yes, you read that correctly – there is no single definition for the terms “subcontract” or “subcontractor.” The terms “subcontract” and “subcontractor” appear rather frequently in the FAR, being defined in twenty (20) different Subparts, resulting in at least eight (8) unique definitions.
There is no definition of split purchases in the Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS). However, the Defense Contract Management Agency reviews purchase order files for split purchases during a Contractor Purchasing System Review.
Congress would really like the FAR to focus on additional examples Definitions. the FAR must update “definitions related to specific types of organizational conflicts of interest, including unequal access to information, impaired objectivity, and biased ground rules.” So, it definitely leaves some gaps to fill. Definitions.
The post Taking Care of Business (Systems): DoD Proposes to Change the Definition of a Business System Deficiency appeared first on GovernmentContracts Legal Forum. View the full article
QuickBooks is considered a government-compliant accounting system and can definitely get the job done for a lot of small government contractors. However, there may come a time when you need to change your accounting system to something that is designed with government contractors in mind.
By understanding the intricacies of prime contracting, businesses can better position themselves to take advantage of governmentcontracting opportunities and expand their operations. Definition of Prime Contractor A prime contractor refers to an entity that receives a governmentcontract to oversee and carry out a project.
Even though the RFQ described services within the definition of NAICS code 238220, Dellew failed to prove NAICS code 238220 accounted for a majority of the contract value. But before deciding to file an appeal, ask yourself (or a friendly governmentcontracts attorney) if the assigned NAICS code was unreasonable.
It’s definitely an honor to be speaking at the 35th Annual Judicial Conference for the Court of Federal Claims. Court of Federal Claims in Washington DC first appeared on SmallGovCon - GovernmentContracts Law Blog. Stay tuned for more details and follow us for updates leading up to the event!
5] Based on inter-agency agreements, this program includes contracts awarded by certain non-DoD agencies as well as DoD contracts. [6] Educate personnel regarding the contractor’s obligations under TINA including the broad definition of certified cost or pricing data. Implement policies, procedures, and internal controls.
It was based on whether, in a small business contract, a subcontractor performs the “primary and vital requirements of a contract” or the prime contractor was “unusually reliant” on the subcontractor. Looking for the latest governmentcontracting legal news? Call us at 785-200-8919.
a labor union), and to state and local government. [60] Air Force with the expectation that its contract will continue to be renewed during the foreseeable future. Inverted Yield Curve: Definition, What It Can Tell Investors, and Examples, Investopedia.com (updated Dec. 6358 , the Fair Warning Act of 2023. [79] 17] See id. [18]
Chris Griesedieck: Yeah, I mean, it’s definitely an ebb and flow, I would say. But I don’t know any governmentcontracting attorney whose entire practice has been protest. I do them and they’re not an insignificant part of my practice, but we all do a lot of other things, too.
The Pentagon didn’t introduce any groundbreaking changes in the final Cybersecurity Maturity Model Certification rule, but CMMC observers say the Defense Department made several key updates and definitions to help companies as they work to comply with the requirements.
GAO pointed to FAR 52.204-7’s definition of “Registered” in SAM as partially determinative. The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record ‘Active.'”
631(j)(3) * * * Definitions of bundling of contract requirements and related terms: In this chapter: (1)Bundled contract: The term “ bundled contract ” means a contract that is entered into to meet requirements that are consolidated in a bundling of contract requirements. (2)Bundling
Our first session will cover: FAR Part 1 (Federal Acquisition Regulations System) and FAR Part 2 (Definitions of Words and Terms) ! Contracting Officers are not required to eliminate all contract risk when executing or administering Governmentcontracts. FAR 1.102-2 (c)(2). FAR 1.602-1.
Definition of Compensation The FAR defines compensation for personal services to mean “all remuneration paid currently or accrued, in whatever form and whether paid immediately or deferred, for services rendered by employees to the contractor.” [1] 1] This definition is quite broad. DCAA, DCAM ¶ 6-413.1.c. 10] FAR 31.205-6(b)(1). [11]
Curiously, as much as it is referenced in the FAR, there is no set definition for “request for equitable adjustment” in the FAR. We always recommend consulting with a governmentcontracts attorney to discuss the potential options if you are unsure. Need legal assistance with a governmentcontracting matter?
For instance, the “general rule is to avoid strictly any conflict of interest or even the appearance of a conflict of interest in Government-contractor relationships.” Looking for the latest governmentcontracting legal news? FAR 3.101-1. Give us a call at 785-200-8919.
For example, CAS 403 addresses the allocation of home office costs to business segments, [23] and CAS 410 governs the allocation of business unit G&A to final cost objectives. [24] 26] CAS 418 includes definition and concepts similar to FAR 31.202 and FAR 31.203.
Following that reasoning, the proposed rule update will ensure that the definition for “mentor,” found at 13 C.F.R. Or need help with a governmentcontracting legal issue? Looking for the latest governmentcontracting legal news? 121.105(a)(1). If the proposed rule goes into effect, 13 C.F.R.
If the offeror does not sell a comparable commercial product, it is required to notify the contracting officer (CO) in writing, and provide a comparison between the physical characteristics and functionality of the most comparable commercial product in the commercial market. View the full article
Both proposed rules not only provide new requirements for federal contractors to follow but also provide new definitions and contract provisions for information and contract technology and federal information systems contracts. Stay tuned for updates and comments on these rules.
And there’s some discussions about whether it be committee hearings and some other things go on in the Senate to move forward there, where PSC comes into play and where our members have the most at stake here is on the governmentcontracting side. And there’s a unique aspect to this.
In a nutshell, whatever this “similarly situated entity” is can actually help the prime contractor reach its 50% subcontracting limitation on a services contract. Looking for the latest governmentcontracting legal news? So, now we just need to fully understand that term. Email us or give us a call at 785-200-8919.
Our first session will cover: FAR Part 1 (Federal Acquisition Regulations System) and FAR Part 2 (Definitions of Words and Terms) ! Contracting Officers are not required to eliminate all contract risk when executing or administering Governmentcontracts. FAR 1.102-2 (c)(2). FAR 1.602-1.
In a recent appeal of an Army Corps of Engineers (the “Corps”) termination for default, the Armed Services Board (“ASBCA” or “Board”) denied the Corps’ motion to dismiss the appeal for failure to state a claim upon which relief can be granted or, in the alternative, for a more definite statement. Colony Construction, ASBCA No. 63630, Nov.
And I think the labor market is definitely an area of challenge that a lot of contractors are facing, not just this particular issue, but just in general. Generally, the governmentcontracting markets have been relatively insulated from the economic conditions. Ideally, they’re manufactured in the U.S.
Participants must also certify that they will attempt to maintain the 35% requirement throughout performance of any HUBZone contract, and those that fall below 20% during contract performance will be definitively determined to have failed to attempt to maintain the HUBZone residency requirements. call at 785-200-8919.
Eric White And speaking of the changing tide, since it is October, and the election has yet another strong dichotomy between two folks who want to run the government in completely different ways. And, of course, that transcends governmentcontracting. But it’s going to be just as true for that segment as anyone else.
The “orders under single-agency contracts” Policy (FAR 42.1502(d)) This policy owns definitive clout and the interpretation of this policy warrants some appreciative clarity and confirmation. The policy reads: “Orders under single-agency contracts.
If one of these circumstances is present, the contracting officer must refer its nonresponsibility determination to the SBA. SBA Headquarters then does its own due diligence by contacting the contracting agency at the secretary level and allowing them to review the case file or submit additional evidence. Need legal assistance?
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
Many contractors are also unaware of the procedure by which a contracting officer analyses, neutralizes, or mitigates a potential OCI, as well as how contractors may participate in, and impact, that process. In this webinar, experienced governmentcontracts attorney Maria Panichelli provides a primer on OCIs.
There are several planned and potential changes to federal procurement policy that government contractors need to be on watch for in 2025, from pending recommendations of a proposed Elon Musk-led advisory body on government efficiency, to key definitions underpinning cybersecurity and domestic sourcing rules.
Not Detailed Enough First, a JV agreement must contain a provision “[s]pecifying the responsibilities of the parties with regard to negotiation of the contract, source of labor, and contract performance ….” Looking for the latest governmentcontracting legal news? 13 C.F.R § 128.402 (c)(7). Call us at 785-200-8919.
Claim for full amount in task order Vectrus claimed it was entitled to the full amount in Task Order 63, because it was a fully funded, fixed price contract that set forth definite, not estimated quantities. The Board examined the actual requirements contract (as well as the task order).
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