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ASBCA alters the definition of expressly unallowable costs, implicating penalties

The Armed Service Board of Contract Appeals (“ASBCA”), in its recent decisions, continues to back away from its previous definition of expressly unallowable costs. This altered definition of “expressly unallowable costs” more willingly finds costs expressly unallowable, which has penalty implications.

Dentons Government Contracts team explains the recent change and how this affects contractors.

Read the complete article here.

ASBCA alters the definition of expressly unallowable costs, implicating penalties

Government Contracts Legislative and Regulatory Update – June 2017

Our June edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of May.
Highlights this month include:

  • President Trump issues executive order on strengthening the cybersecurity of federal networks and critical infrastructure
  • Trump administration sends long-awaited FY18 budget request to Congress
  • Senate introduces bill aimed at reforming the process by which federal agencies analyze and formulate new regulations and guidance documents

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

To read the newsletter, please click here.

Government Contracts Legislative and Regulatory Update – June 2017

Cuomo’s executive order addressing wage gap goes into effect on June 1

Overlooked by many amid a flurry of press releases issued by the Cuomo administration in conjunction with the Governor’s “State of the State” speaking tour earlier this year was an announcement that the Governor had signed Executive Order No. 162, “Ensuring Pay Equity by State Contractors.” The Order’s new reporting requirements will have significant implications for the vast array of industries that contract with state—and its effective date—June 1, 2017—is fast approaching. We provide a summary of the Order’s new reporting requirements.

To read the full article, click here.

Cuomo’s executive order addressing wage gap goes into effect on June 1

Government Contracts Legislative and Regulatory Update – May 2017

Our May edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of April.
Highlights this month include:

  • Trump’s “Buy American, Hire American” executive order advances his domestic preference agenda, but its impact may not be felt for months
  • Office of Information and Regulatory Affairs issues guidance for implementing 2-for-1 executive order
  • Former SECDEF Ash Carter’s flagship defense innovation initiative to continue under SECDEF Mattis and President Trump

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

To read the newsletter, please click here.

Government Contracts Legislative and Regulatory Update – May 2017

Government Contracts Legislative and Regulatory Update – April 2017

Our April edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of March. Highlights this month include:

  • President Trump signs resolution revoking President Obama’s Fair Pay and Safe Workplaces EO and implementing regulations
  • House of Representatives passes $578 billion defense appropriations bill
  • Congress’s timeline to pass appropriation bills sparks fear of another government shutdown
  • This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

    To read the newsletter, please click here.

     

Government Contracts Legislative and Regulatory Update – April 2017

Government Contracts Legislative and Regulatory Update — January 2017

 

 

 

 

 

 

Our January edition of “Government Contracts Legislative and Regulatory Update,” offers a summary of the relevant changes that took place during the month of December. Highlights this month include:

  • President Obama signed into law legislation which extends and cements whistleblower protection for certain contractor employees
  • FAR Council issues final rule amending the FAR in response to injunction of certain Fair Pay and Safe Workplaces rules
  • DoD issues class deviation regarding controversial IR&D costs rule
  • FAR Council issues final rule mandating privacy training for contractor employees privy to PII

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

To read the newsletter, please click here

Government Contracts Legislative and Regulatory Update — January 2017

Government Contracts Legislative and Regulatory Update — December 2016

legreg-update

We are pleased to bring you the December edition of “Government Contracts Legislative and Regulatory Update,” a summary of the relevant changes that took place during the month of November. Highlights this month include:

  • Compromise version of the National Defense Authorization Act for FY 2017 nears completion
  • FAR Council issues a final rule requiring representation of contractor greenhouse gas emission disclosures
  • BIS issues a final rule to remove arms embargoes against certain countries
  • DoD proposes a rule that would increase contractors’ evaluated bid prices by including allowable IR&D expenses

This update will also appear in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

On behalf of Dentons, we wish you and your loved ones a happy holiday season and a prosperous new year!

To read the newsletter, please click here

Government Contracts Legislative and Regulatory Update — December 2016

Government Contracts Legislative and Regulatory Update – October 2016

legreg-update

The October edition of  “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of September. This update will also be available in Contract Management Magazine, which is published by the National Contract Management Association (NCMA).

We wish to thank our readers for the positive and encouraging feedback we received last month when we launched this monthly newsletter. Our aim is to keep you up-to-date on legislative and regulatory changes relevant to government contractors, so please keep the feedback coming.

To read the newsletter, please click here.

Government Contracts Legislative and Regulatory Update – October 2016

Government Contracts Legislative and Regulatory Update

legreg-update

We are pleased to offer you the inaugural issue of our newsletter, “Government Contracts Legislative and Regulatory Update.” Our aim is to keep you up-to-date on legislative and regulatory ‎changes relevant to government contractors.

For decades, we have provided a similar update to the National Contract Management Association for publication in its monthly Contract Management Magazine. Our clients have told us they find the succinctly presented information helpful, so we decided to offer the update directly to our clients and friends.

We hope that you will find it useful and welcome your feedback.

 

 

Government Contracts Legislative and Regulatory Update

Legislative Watch: Potential Changes That May Affect Responsibility Determinations

As we report in more detail in the upcoming Legislative and Regulatory Update, appearing in the April issue of NCMA Contract Management Magazine, Congress has recently taken two noteworthy legislative actions that could greatly affect contractor responsibility determinations.

On April 15, the House unanimously passed the Contracting and Tax Accountability Act of 2015 (H.R. 1562).  If enacted, this bill would require contractors to certify that they have no “seriously delinquent tax debts” when submitting a bid or proposal for any contract or grant in excess of the simplified acquisition threshold.  For the purposes of the bill, a “seriously delinquent tax debt” includes any federal tax liability assessed by the Secretary of the Treasury under the Internal Revenue Code that can be collected by levy or court proceeding, with some exceptions.  Should a contractor admit that it does have a seriously delinquent tax debt within this definition, the bill would require contracting officers to find that the contractor is not presently responsible and, absent a waiver for urgent and compelling circumstances, would require agencies to initiate a suspension or debarment proceeding.  With such serious consequences—as well as  the potential for False Claims Act liability should a party incorrectly certify its tax liability status—contractors should keep an eye out for this bill as it works its way through the Senate.  Should the bill be enacted, contractors must facilitate open communication between their departments to ensure parties making these certifications are fully apprised of the company’s tax liability status.

Also introduced in April is the Small Business Fairness Act (S. 958), which would broaden the scope of information a contracting officer examines when making a past performance or financial responsibility determination for small businesses proposing a team of subcontractors or a joint venture.  The bill would require contracting officers to consider the capabilities and past performance of each first-tier subcontractor of the proposed team; or, if a joint venture is proposed and the joint venture does not have sufficient capabilities or past performance to be considered, the contracting officer would then consider the capabilities and past performance of each member as the capabilities and past performance of the whole.  In addition, the bill would require contracting officers to certify annually that each small business member of a team or joint venture has retained the same status—small business, qualified HUBZone small business, small business owned and controlled by service-disabled veterans, and so on—under which it was awarded the contract.  To the extent this bill could act to limit small businesses from continuing to perform contracts after a change in status, it would have a significant effect on contractors.

To be certain, these bills could have significant effects on contractors of all types if enacted.  We will continue to monitor their progress as they move through Congress.

Legislative Watch: Potential Changes That May Affect Responsibility Determinations