Topic Archives: Acquisition Regulations

Federal Procurement

Warning: Possible Delays Ahead New SAM Requirement for Notarized Letter

All government contractors must have an active registration in the System for Award Management (SAM) to do business with the government. As of March 22, 2018, SAM requires users registering a new business entity to “provide an original, signed notarized letter” confirming that they are the “authorized Entity Administrator” before their registration will be activated. ...›

Federal Procurement
February 21, 2018Acquisition Regulations, Compliance

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation.  Today more than ever, however, the federal government is making use of cutting edge procedures and methods to attract commercial companies to government contracting and to encourage modernization and efficiency in procurements.  Below we ...›

Federal Procurement

Contractors Should Prepare For Potential Shutdown

As Congress and the Administration appear to be careening toward a potential government shutdown – whether on Friday January 19 or once another short-term continuing resolution expires – it is a good time for government contractors to review their contracts and the potential effect a shutdown might have. The Antideficiency Act mandates a partial government ...›

Small Business
September 11, 2017Acquisition Regulations, Small Business

NAICS Code Appeals: One Size Does Not Fit All

The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal.  Instead, different size standards define small business status for different procurements.  The size standards vary from industry to industry, so a given firm may be a small business for one procurement at the same time it ...›

Federal Procurement
August 3, 2017Acquisition Regulations

Extending Solicitation Deadlines At GAO Versus The COFC: It’s Not Over ‘Til It’s Over (Unless The COFC Says It Is)

As every Government contractor knows, “late is late,” and a proposal received after the time set for receipt of proposals is ineligible for award—or is it? At the Government Accountability Office, an agency’s discretion to extend a solicitation’s due date may continue even after the solicitation closes. But at least one judge of the U.S. ...›

Federal Procurement

GSA Seeks Input On Repeal, Replacement, and Modification of Policies and Regulations

On Tuesday, May 30, 2017, the GSA issued a request for comments seeking “input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs, that may be appropriate for repeal, replacement, or modification.”  GSA issued this broad request in furtherance of Executive Order 13777, ...›

Federal Procurement
May 24, 2017Acquisition Regulations

DOD’s Prototype OTA Guide Offers Insight Into DOD’s Experiment In Regulation-Free Acquisition

In January 2017, the Department of Defense issued updated guidance for acquisition officials entering into and managing what are known as other transaction agreements (OTAs) for prototyping projects. As a general rule, OTAs are not considered procurement contracts, grants or cooperative agreements, but something else; and they are not subject to the Federal Acquisition Regulation, ...›

Compliance

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit Electronic Part Detection and Avoidance Systems.  Although the DFARS clause focuses on electronic parts, any company contracting or subcontracting with the ...›

Small Business

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts.  The proposed rule requires DoD agencies to assign an evaluation cost penalty to the proposed price of any contractor expecting to receive reimbursement from ...›