The federal government, led by the U.S. Department of Labor, is moving forward on implementing the provisions of President Biden’s Executive Order 14026, which was signed in April 2021. Most new federal government contracts...more
On November 16, 2021, the Government Accountability Office (GAO) published its Bid Protest Annual Report to Congress for Fiscal Year 2021. The GAO’s report, which is mandated by the Competition in Contracting Act, lists its...more
The Small Business Administration is proposing to use a 24-month average to calculate a business concern’s number of employees for eligibility purposes in all of SBA’s programs.
SBA proposes to use a 24-month average...more
The Department of Defense (DoD) issued a final rule on July 9, 2021, requiring contractors to report annually their total labor hours and invoiced amounts for certain service contracts.
Requirement applies to contracts...more
Through a proposed rule published on July 22, 2021, the Department of Labor is implementing Executive Order 14026. The new rule and Executive Order will require federal service, construction contractors and subcontractors to...more
7/28/2021
/ Biden Administration ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Minimum Wage ,
New Rules ,
Service Contract Act ,
Wage and Hour
The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA).
The proposed...more
The Executive Order is projected to increase the hourly wage paid to hundreds of thousands of Federal contractor employees.
President Biden issued an Executive Order raising to $15.00 per hour the minimum wage that Federal...more
The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more
2/9/2021
/ Appeals ,
Appellate Courts ,
Automatic Stay ,
Bid Protests ,
CICA ,
COFC ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
US Army Corps of Engineers
Recent GAO protest decision provides a painful reminder that protests that run afoul of the “diligent pursuit” rule will be dismissed as untimely.
GAO’s Bid Protest Regulations contain strict rules for the timely...more
Rule based upon provisions contained in the Consolidated Appropriations Act of 2021 and the National Defense Authorization Act for Fiscal Year 2021 authorizes many participants in the 8(a) Business Development program to...more
Effectiveness rate increases to 51 percent, the highest on record.
GAO’s effectiveness rate increased to 51 percent from 44 percent in FY 2019 and 2018.
GAO’s sustain rate increases to 15 percent from 13 percent in FY...more
The proposed rule would increase the receipts-based small business size standards for 70 service industries in five industrial sectors, allowing many businesses to qualify or re-qualify for small business set-aside...more
The proposed rule would increase the receipts-based small business size standards for 46 service industries, allowing many businesses to remain a small business for longer or regain their small business status.
Using a...more
The final rule consolidates the two mentor-protégé programs and clarifies and updates many provisions in SBA’s small business procurement regulations.
Small businesses are now required to recertify their size status when...more
The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued guidance concerning recently issued Executive Order 13950 (EO) which prohibits federal contractors from including certain concepts related...more
Congress passed a continuing resolution that extends the authorization for agencies to reimburse contractors under Section 3610 of the CARES Act until December 11, 2020.
Unless agency-specific guidance states otherwise,...more
Executive Order 13950 (EO) prohibits federal contractors from including “divisive” concepts related to race and sex stereotypes in workplace trainings.
The EO will require all federal contracts to include a prohibition on...more
While GAO does not make any recommendations in its report, it provides a useful overview of the federal government’s implementation of Section 3610.
Agencies made relatively little use of their Section 3610 authority...more
9/11/2020
/ CARES Act ,
Contractors ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Procurement Systems ,
Final Rules ,
GAO ,
General Services Administration (GSA) ,
NASA ,
New Guidance ,
OMB ,
Reimbursements ,
Relief Measures ,
Stop Work Orders
Recent developments in small business procurement policy indicate that the government’s increase in the amount of contract awards to small businesses is likely to continue.
The government exceeded its 23 percent small...more
The final rule implements the statutory prohibition against self-certification for WOSB and EDWOSB set-aside and sole source awards.
Beginning on October 15, 2020, concerns may no longer self-certify as a Women-Owned Small...more
In a recent decision, the U.S. Court of Federal Claims (COFC) addressed the timeliness rules for enhanced debriefing situations.
The clock for purposes of obtaining an automatic stay and timeliness may start after the...more
The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders.
Currently, FAR Part 16 only...more
SBA’s final rule extends the measurement period from three to five years for contractors under receipts-based size standards to determine eligibility as a small business for federal procurements, including set-aside...more
12/12/2019
/ Agricultural Sector ,
Construction Industry ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
Look-Back Measurement Period ,
Retailers ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Small Business Runway Extension Act
The final rule revises and clarifies numerous provisions in the Small Business Administration’s regulations.
SBA revised the limitation on subcontracting rules for set-aside service contracts by excluding direct costs such...more
The proposed rule seeks to overhaul and update dozens of provisions in the SBA’s small business regulations.
SBA proposes to merge the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé...more