PubKLaw
Legal news and insights for the government contracts community.

Latest Developments

09/30/2016

DoD Finalizes Rule Expanding Contractor Rights in Technical Data

In a recent final rule, the Department of Defense expanded protections of the technical data of privately developed commercial items incorporated into major systems, including major defense systems. Previously, the presumption that a commercial item was developed entirely at private…
09/30/2016

Transfer from COFC Provides CBCA Jurisdiction to Hear Claim Filed Outside 90-Day Appeal Period, CBCA 4377, Suffolk Construction Company Inc. v. General Services Administration

The government’s motion to dismiss claim as untimely is denied, where the contractor’s timely action in the Court of Federal Claims was properly transferred to the Civilian Board of Contract Appeals, even though the initial claim was filed outside CBCA’s…
09/30/2016

General Attorney GS 13/14 with a background in Procurement

The Pension Benefit Guaranty Corporation (PBGC) is seeking an experienced General Attorney GS 13/14 with a background in Procurement. Salary range: $92,145 - $141,555 The duties include: Providing legal counsel and advice, conduct legal reviews, and provide corollary legal assistance…
09/30/2016

Challenge to In-Sourcing Decision Not a Claim Within ASBCA Jurisdiction, ASBCA No. 60503, Appeal of Amaratek

Appeal of the agency’s decision to in-source services provided by the protester is denied, where the protester’s challenge was not a claim but an agency-level protest, and the Armed Services Board of Contract Appeals lacks jurisdiction to hear bid protests.…
09/30/2016

Agency Unreasonably Downgraded Protester’s Past Performance Based on Project Not Deemed Relevant, GAO B-413213, Halbert Construction Company Inc.

Protest challenging the agency’s past performance evaluation is sustained where the agency improperly considered a project that did not meet the solicitation’s criteria for relevance; protest challenging the agency’s past performance evaluation is denied where the agency was not obligated…
09/30/2016

SBA Corrects Final Rule on Limitations on Subcontracting on Set-Aside Contracts

The Small Business Administration is correcting a May 31, 2016, final rule describing the limitations on subcontracting that apply to set aside contracts. The rule provides that the limitations on subcontracting apply to small business set asides above $150,000 and…
09/30/2016

DOL Final Rule Establishes Paid Sick Leave for Federal Contractors

In today’s Federal Register, the Department of Labor published a final rule implementing Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, which required covered contractors to to provide their employees with up to 7 days (56 hours) of…
09/30/2016

Does the Exclusion Archive on SAM.gov Violate Contractors’ Liberty Interests?

Past, inactive suspension and debarment activities stored on government’s System for Award Management are available to the public, and many state and local procurement agencies—and banks and financial institutions—are reviewing SAM.gov before granting contract opportunities for financial assistance to individuals…
09/30/2016

Navigating the Proposed Changes to DoD’s Mentor-Protégé Program Alongside the SBA’s New “All Small” Mentor-Protégé Program

The Department of Defense’s proposed changes to its mentor-protégé pilot program are not as expansive as recent changes made the by Small Business Administration to its program, but it is likely to expand opportunities for small businesses in the federal…
09/30/2016

Final Rule Adopts Consolidated Form for Reporting Veterans’ Employment

Effective today, one final rule amends the Federal Acquisition Regulation to implement a final rule issued by the Department of Veterans Affairs that replaced the VETS-100 and VETS-100A Federal Contractor Veterans’ Employment Report forms with the VETS-4212, Federal Contractor Veterans’…
09/30/2016

Final Rule Removes DoD-Unique Requirements for Contractors Performing Private Security Functions Overseas

A final rule published in today’s Federal Register amends the Federal Acquisition Regulation to remove the Department of Defense-unique requirements for contractors performing private security functions outside the United States and provide a definition of “full cooperation” within the associated…
09/30/2016

Final Rule Establishes Governmentwide Policy on Consolidation and Bundling

Effective October 31, 2016, a new final rule amends the Federal Acquisition Regulation to provide for a governmentwide policy on consolidation and bundling. The rule implements sections of the Small Business Jobs Act of 2010 and SBA regulatory changes.
09/30/2016

Final Rule Amends Clause Relating to Multi-Year Contract Authority for Acquisition of Property

A final rule published in today’s Federal Register amends the Federal Acquisition Regulation to state that agencies may enter into a multi-year contract for supplies, if the use of such a contract will result in significant savings of the total…
09/30/2016

Final Rule Prohibits Contracting with Corporations with Delinquent Taxes or a Felony Conviction

Effective today, a final rule amends the Federal Acquisition Regulation to prohibit the government from entering into a contract with any corporation having a delinquent federal tax liability or a felony conviction under any Federal law, unless the agency has…
09/30/2016

Final Rule Makes Technical Amendments to FAR

Effective today, a final rule amends the Federal Acquisition Regulation to provide needed editorial changes. The rule updates references to federal regulations, corrects website addresses, and revises language in some paragraphs.
09/30/2016

Final Rule Implements Contractor Employee Compensation Caps

Effective today, a final rule revises the allowable cost limit relative to the compensation of contractor and subcontractor employees. Section 702 of The Bipartisan Budget Act of 2013 revised the application of the compensation cap, the amount of the cap,…
09/30/2016

Final Rule Eliminates DUNS Number as Unique Contractor Designation

A final rule in today’s Federal Register amends the Federal Acquisition Regulation to redesignate the terminology for unique identification of entities receiving Federal awards. The change to the FAR removes the proprietary Data Universal Numbering System number, and provides appropriate…
09/30/2016

Final Rule Implements Contract Set-Asides for WOSBs

Effective today, a final rule amends the Federal Acquisition Regulation to implement regulatory changes made by the Small Business Administration that provide for authority to award sole source contracts to economically disadvantaged women-owned small business concerns and to women-owned small…

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