Government contractors often assume that a foreign-owned company cannot qualify as a small business under the SBA’s government contracting size rules.
The Government cannot arbitrarily withhold contract funds. There is a due process involved that consists of written rationale in the form of a proposed action but also gives contractors ample opportunity to state their case as to why that action should not be taken.
Source: PNWC’s Government Contracting Update: Notice of Intent to Disallow Costs
If, like us, you spend your days reading through the FAR, you might suppose that there are opportunities to streamline the regulations. Congress agreed, at least for DOD acquisitions, and as part of the 2016 National Defense Authorization Act, created the Section 809 panel, an independent advisory panel on streamlining acquisition regulations. The panel is working to improve many aspects of acquisitions law, including, as we’ve written about, the definition of subcontract.
Source: Section 809 Panel Achieves $1 Coin Clause Removal | SmallGovCon – Government Contracts Law Blog
The SUPPORT Act is wide-ranging legislation comprised of over 120 separate bills aimed at combatting the opioid crisis and impacting every corner of the healthcare continuum.
When you hear “15 days,” what’s the first thing that comes to mind? Perhaps, you pay your employees every 15 days. Maybe your birthday or favorite holiday happens to be in 15 days. Or if you’re like me, you might think that 15 days is two days fewer than Thirteen Days, a great movie about the Cuban Missile Crisis.
The Defense Information Systems Agency’s (DISA) senior executives combined priorities and contracting plans to help industry understand their needs for fiscal 2019.
It should be clear to everyone that given the divided control of Congress, there will not be much legislating during the 116th session. Perhaps that’s a good thing. However, that doesn’t mean things will be peaceful. With Democrats taking control of the committees, we could see a significant amount of activity in the committees tasked with Government oversight. In fact, certain individuals have already promised to shake things up a bit. While Government oversight doesn’t necessarily mean contractor oversight, contractor representatives are often drug into these matters – especially if it involves a scandal where some Government agency has dropped the ball in its own administration and oversight responsibilities.
Big changes could be coming to the HUBZone program. On October 31, the SBA published a proposed rule that, if adopted, would bring clarity to the HUBZone regulations. Yesterday, we posted about proposed changes to the HUBZone certification, compliance, and protest processes.
This week’s episode covers Mentor-Protégé Program, PCTTF, and corporate monitor news, and is hosted by partner David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.
Source: Fastest 5 Minutes The Podcast Gov’t Contractors Can’t Do Without | Government Contracts Legal Forum
What is the “Christian Doctrine”? We discussed the basis of the Christian Doctrine back in 2010. You can find that post here.
Briefly stated, under the Christian doctrine, a court may insert a clause into a Government contract by operation of law if that clause is required under applicable federal administrative regulations. In “Christian”, the Court of Claims concluded that the standard termination clause required by ASPR (Armed Services Procurement Regulations, since replaced by FAR) must be read into the contract, even though the contract lacked a termination clause. For a court to incorporate a clause into a contract under the Christian doctrine, it generally must find (i) the clause is mandatory and (ii) that it expresses a significant or deeply ingrained strand of public procurement policy.
Source: PNWC’s Government Contracting Update: What is the “Christian Doctrine”?