The Department of Defense (DOD) recently issued a final rule implementing Section 828 of the NDAA for Fiscal Year (FY) 2018, requiring the treatment of the majority of contracts for items awarded using Federal Acquisition Regulation (FAR) part 12 acquisition procedures to serve as a prior commercial item determination (CID).
Continue Reading DOD Publishes Final Rule Redesignating Contracts Previously Awarded Under FAR Part 12 Guidelines as Commercial Item Determinations (CIDs)
PCSF Strikes Again: Scheme to Rig Bids Results in Federal Grand Jury Indictment
Last month, the Department of Justice (DOJ) announced that a Florida grand jury indicted three men for conspiring to rig bids for customized promotional products to the U.S. Army and charged two of them with conspiring to defraud the United States. Bid rigging is how conspiring competitors effectively raise prices where purchasers — often federal, state, or local governments — acquire goods or services by soliciting competing bids.
Continue Reading PCSF Strikes Again: Scheme to Rig Bids Results in Federal Grand Jury Indictment
Opportunities for Small Business within Federal Contracting Space
In a May 4 article published by American City Business Journals’ The Playbook, I offered insight on the opportunities for small businesses to engage with federal contracting and practical steps to get started.
The federal government spent more than $665 billion on contracts in FY2020, and a variety of special programs for contracts are designed to meet the goal of spending at least 23% of all contracting dollars with small business owners.Continue Reading Opportunities for Small Business within Federal Contracting Space
[VIRTUAL EVENT] West Tennessee Procurement Opportunities Conference
I will join a host of presenters including Josh Frank (RSM Federal), Thomas Mercer (US Army Corps of Engineers), JW Cole (Tennessee Valley Authority) and Veronica Clark (UT PTAC) for the West Tennessee Procurement Opportunities Virtual Conference on Wednesday, July 13, 2022. The virtual conference will take place from 9 A.M – 2 P.M CST
[VIRTUAL EVENT] Spring 2022 Small Business Innovation Conference
I am looking forward to presenting a panel titled “Intellectual Property” at the UT Procurement Technical Assistance Center’s Spring 2022 Small Business Innovation Conference on May 5, 2022. The conference is sponsored by The University of Tennessee in cooperation with the National Science Foundation, the National Institutes of Health, and the Department of Defense.
Conference
New FOIA Guidelines Favor Transparency
In a memorandum circulated during “National Sunshine Week” celebrating the importance of open government, Attorney General Merrick Garland directed heads of executive agencies and departments to favor transparency and disclosure when considering Freedom of Information Act (FOIA) requests. The memorandum was released in the wake of bipartisan calls for increased Department of Justice (DOJ) guidance on agency FOIA responses. In February, six Democrat and Republican lawmakers co-signed a letter asking the Attorney General to issue a “clear message” to improve transparency and “encourage agencies to improve FOIA implementation.” The letter cited a 2021 Government Accountability Office report finding that agency’s use of FOIA’s limited disclosure exemptions had increased 135% between 2012 and 2019. This increased reliance on exemptions drove a 76% increase in partial denials and a 10% increase in full denials of FOIA requests in the same period.
Continue Reading New FOIA Guidelines Favor Transparency
Key Considerations for Emerging Companies: Government Contracting Opportunities for “Small Businesses”
With a contracting budget approaching $650 billion per year, the United States government is the largest consumer of goods and services globally. In 2020, the federal government spent $145 billion, an equivalent of 26% of its total procurement spending, with small businesses. Breaking into government contracting can be a tremendous opportunity for small and emerging
[VIRTUAL EVENT] 2022 Oak Ridge Small Business Innovation Conference
I am looking forward to presenting a session titled “Intellectual Property” for the Oak Ridge Small Business Innovation Conference on January 25, 2022 at 12:30 p.m. EDT. The conference is hosted by the UT Center for Industrial Services, Institute for Public Service. Conference highlights include:
- Tips regarding proposal strategies for SBIR/STTR funding
- Understanding how to
Biden’s “Clean Energy” Directive’s Impact on Government Contractors
On December 8, 2021, President Biden issued Executive Order (EO) 14057 “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability.” The EO is the administration’s most recent effort to achieve “a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050.”
Federal agencies, government suppliers, and American businesses are urged to embrace the administration’s sustainability objectives and attain cleaner and more sustainable operation standards.
Federal Sustainability Plan
The EO describes the Biden administration’s efforts to adopt green technology by focusing on five aspects.Continue Reading Biden’s “Clean Energy” Directive’s Impact on Government Contractors
OFCCP’s New Affirmative Action Program Oversight Tool
A 2016 Government Accountability Office (GAO) report noted that the Office of Federal Contract Compliance Programs (OFCCP) did not have an official method of validating contractors’ affirmative action plans or programs (AAP) compliance. GAO recommended that OFCCP progress from an “honors” or self-representation system to a mechanism that regularly monitors AAP compliance. In September 2020, OFCCP published a notice seeking comment on the possibility of an annual AAP certification and verification process.
On December 2, 2021, the U.S. Department of Labor (DOL) announced that federal service and supply contractors and subcontractors presently required to create and maintain written AAPs will also be required to certify whether they meet annual AAP requirements. Certification will be through a secure online Contractor Portal developed and monitored by OFCCP. Contractors can also upload their AAPs to the portal during a compliance evaluation. Certifying compliance in the Contractor Portal does not exempt a contractor or subcontractor from compliance evaluations. Contractors and subcontractors that are only construction and not supply and service contractors are not required to certify AAP compliance.Continue Reading OFCCP’s New Affirmative Action Program Oversight Tool