Legal Updates

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....

Update on Minimum Wage and Certificate of Competency Protest Delay Causing Lost Contract

By: Christine V. Williams on 09/23/2015

This update focuses on the minimum wage for federal contracts by executive order, and a GAO case in which the Department of Defense was not required to extend the deadline on a contract for a competency review by the SBA. Notice of Rate Change for Annual Minimum Wage for Covered Federal Contracts On February 12, 2014, President Obama signed Executive Order (EO) 13658, which established a...

FCA Cases and SBA Protests

By: Christine V. Williams on 09/15/2015

False Claims Act As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal penalties. Since the grounding of the FCA is in federal law, federal circuits may impose different standards (many states have a complimentary state false claims act). Schindler...

SBA’s Final Rule on Women-Owned Small Business Federal Contract Program

By: Christine V. Williams on 09/15/2015

A final rule has been released by the Small Business Administration regarding women-owned small businesses. This rule is effective October 14, 2015. The rule makes changes to the Women-Owned Small Business (WOSB) program to implement the changes from the National Defense Authorization Act of 2015. It allows sole source awards to WOSBs or Economically Disadvantaged Women-Owned Small...