Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification will be issued for your contract.
Continue Reading April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification
The FAR Council Wishes Contractors a Happy New ‘Privacy Training’
The FAR Council issued a final rule on December 20, 2016, amending the Federal Acquisition Regulation (FAR) to add FAR Subpart 24.3, requiring privacy training for all contractor employees who (1) access a system of records; (2) handle personally identifiable information (PII); or (3) design, develop, maintain, or operate a system of records. A “system of records” is a “group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5); FAR 24.101.
Continue Reading The FAR Council Wishes Contractors a Happy New ‘Privacy Training’
LPTA Out, Fixed Price Contracts In
The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA), signed into law by President Obama on December 23, includes limitations on a low price evaluation methodology and a preference for fixed price contracts that could have a significant impact on the way the Department of Defense (DoD) procures goods and services in the coming years. The FY17 NDAA also featured changes to the task order protest jurisdiction, which we outlined in this blog post.
Continue Reading LPTA Out, Fixed Price Contracts In
Buyer Beware: Lessons of Disclosure Learned the Hard Way
Government contractors are learning the hard way that agencies need to be kept apprised of major changes within the company during the entire period of bid evaluations. Most recently, the Government Accountability Office (GAO) made an example of Lockheed Martin Integrated Systems, Inc. (LMIS), which was excluded from awards for failure to disclose its spin-off agreement with Leidos.
Continue Reading Buyer Beware: Lessons of Disclosure Learned the Hard Way
Iran on Your Mind? The FAR Should Be, Too.
Over the past year, the big news for companies doing or considering business in Iran has been the scaling back of U.S. and EU economic sanctions. Many global businesses are now permitted to operate in this once prohibited market. Before we celebrate too enthusiastically, however, let’s stop for a moment to consider a potential challenge for some companies trying to capitalize on this new opportunity.
This time, we are focusing on a conundrum specific to companies that contract with the U.S. government.Continue Reading Iran on Your Mind? The FAR Should Be, Too.
Fair Pay and Safe Workplaces Not “Fair” to Contractors, According to Texas Judge
On October 24, 2016, U.S. District Judge Marcia Crone granted a preliminary injunction to halt the implementation of the “Fair Pay and Safe Workplaces” Executive Order 13673 (EO 13673), implementing provisions of the Federal Acquisition Regulation (FAR) in the final rule, and Department of Labor (DOL) guidance that impose new reporting requirements on contractors regarding labor law violations.
Continue Reading Fair Pay and Safe Workplaces Not “Fair” to Contractors, According to Texas Judge
Todd Overman and Sylvia Yi Author Article on Regulatory Improvements to WOSB Program
In an article published by SmallBizDaily, Bass, Berry & Sims attorneys Todd Overman and Sylvia Yi provided insight on the regulatory improvements to the SBA’s Women Owned Small Business (WOSB) Program that helped the federal government finally achieve its goal of awarding five percent of its annual contracts to WOSBs. As Todd and Sylvia point
Iran Sanctions: Recent Enforcement Sheds Light on OFAC Penalty Calculations
Since the start of September, the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) has settled with two different companies for alleged violations of U.S. economic sanctions on Iran. The settlements, the first with World Class Technology Corporation (WCT) and the second with PanAmerican Seed Company (PanAmerican), yielded vastly different outcomes. As summarized below, we think the divergent results serve to illustrate how OFAC weighs various factors in calculating penalty amounts.
WCT. On September 7, 2016, OFAC settled with WCT for $43,200 based on alleged violations of the Iranian Transactions and Sanctions Regulations (ITSR). The alleged violations occurred when WCT exported seven shipments of orthodontic devices to Germany, Lebanon and the United Arab Emirates with suspicion that the devices would be exported to Iran. The devices were collectively valued at almost $60,000. The exports occurred between April 2008 and July 2010.Continue Reading Iran Sanctions: Recent Enforcement Sheds Light on OFAC Penalty Calculations
Happy September: OFAC Extends Russia/Ukraine Sanctions
Key Points:
- Dozens more Russian and Ukrainian entities have been designated as prohibited / restricted parties
- A limited General License authorizes transactions, for a brief period of time, to halt business with a specific Russian entity
- The designations reflect OFAC’s continued use of the “50 percent rule,” and the challenges of diligence on Russian transaction partners
Designations. On September 1, 2016, the U.S. Office of Foreign Assets Control (OFAC) designated 37 individuals and entities pursuant to its Ukraine-related sanctions program. OFAC last designated individuals and entities under the Ukraine program in December 2015.
Continue Reading Happy September: OFAC Extends Russia/Ukraine Sanctions
Everyone Bookmark certify.sba.gov
The Women Owned Small Business (WOSB) Program moved its certification process from the General Login System (GLS) to the SBA One Contracting Portal at certify.sba.gov in March 2016. This has streamlined the certification process for WOSBs and Economically Disadvantaged WOSBs (EDWOSBs). The website features a checklist to prepare for certification, an “Am I Eligible?” tool, and email notifications for expiration and renewal notices.
Continue Reading Everyone Bookmark certify.sba.gov