Legal Updates

Ban Still Stands on Political Contributions from Federal Government Contractors

By: Christine V. Williams on 01/20/2016

The Supreme Court denied certification, or refused to hear and reverse, the DC Circuit Court of Appeals’ decision on the ban that prohibits individual federal government contractors from making political contributions. The law, enacted in 1940, was enacted to combat bribery or quid pro quo contributions to Congresspeople. The contractors who brought the suit on the grounds it singled out that...

GAO Report on the SBA and National 8(a) Association Conference

By: Christine V. Williams on 01/08/2016

The National 8(a) Association is holding its conference in Orlando next month and, hopefully, we can discuss the new SBA regulations.  That or John Klein and I can just politely argue about other things.  Always entertaining.Here is a link to the website for the February 9-10th event. GAO Report on the SBA On January 6, 2016, the GAO released a follow up report in the form of written...

Notable Small Business Provisions in the National Defense Authorization Act for 2016

By: Christine V. Williams on 12/22/2015

This is a brief summary of some of the provisions of the National Defense Authorization Act (NDAA) that will affect small businesses. Definitely a nutshell version of the NDAA, which is published online, and a tad more expansive than the press release for the Small Business Committee, which considered the Act a victory for small businesses in several respects. It will be interesting to see how...

SBA Decision and Large Business Industry Comments on Lower Tier Small Business Subcontracting Plans

By: Christine V. Williams on 12/15/2015

This update will briefly review a SBA decision enforcing an affiliation rule as well as a review of the Council of Defense and Space Industry Associations letter/comment to the SBA regarding the SBA’s proposed rule to give credit for using small business at all tiers. SBA Decision on Affiliation One of the basic questions when determining whether companies are affiliated is whether one...

DOD Inspector General Semiannual Report to Congress

By: Christine V. Williams on 12/15/2015

DOD Inspector General Semiannual Report to Congress: Highlights: Reporting Period from April 1, 2015, to September 30, 2015  http://www.dodig.mil/pubs/sar/SAR_SEPT_2015.pdf Jon T. Rymer, Inspector General, report to Congress, during the reporting period the Department of Defense (DOD) Inspector General (IG) office, according to its semiannual report to Congress, did the following: ...

Updates: Cyber Security and the Yates Memorandum

By: Christine V. Williams on 12/08/2015

Cyber Security Clarification is called for in the Regulations As you know, I have written three different posts on cyber security as it relates to Government Contracting in the last few months as this has topic has moved quickly in response to breaches that were taking place.  What is interesting is the comments coming in from industry about clarifications and now the American Bar...

The GAO and the Rule of Two

By: Christine V. Williams on 11/06/2015

This seems to be an active couple of weeks regarding government contracting as well as SBA matters.  This update will very briefly cover a protest regarding the rule of two within multiple award contracts; the Army not delaying an award to accommodate an 8(a) Eligibility Review; and the Supreme Court pulling from its docket the Veteran contracting case-instructing the lawyers to brief whether...

Update: SBA Proposed Rule and Size Protest on a Task Order

By: Christine V. Williams on 10/14/2015

This update will briefly cover a size protest on a task order (with a basic review) and a proposed SBA rule regarding other than small prime contractors getting small business credit for awards made to small business participants past first tier subcontractors.  This rule gets a little tricky on tracking and representations and certifications, but it makes sense in light of the proposed rules...

More Cybersecurity Rules

By: Christine V. Williams on 10/05/2015

This update will cover two things: (1) the new (yes, again) Department of Defense cybersecurity interim/final rule on reporting cyber incidents by contractors / subcontractors and (2) the money to fund these new rules and recovery of newly imposed requirements. Interim Final Rule Cybersecurity Implementing Statutory Requirements for DoD Contractors and Subcontractors to Report Cyber Incidents...

Department of Defense Spending Decreases, But Other Agencies Buck the Trend

By: Christine V. Williams on 10/01/2015

Fiscal year (FY) 2014 saw a continued decrease in the Department of Defense (DoD) spending. In FY 2014, DoD spent $418 billion on payroll and contracts, which roughly equals 2.4% of the U.S. GDP. Recall that in 2013, mandatory defense spending cuts occurred, which caused DoD contract spending to decline from $320.0 to $302.2 billion. The contract spend further decreased in 2014 to $282.7 billion....