1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar

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 Contracting Roundtable Discussion

May 19, 2017
12:30–1:30 p.m.
Lunch served at 12 p.m.

Please join Deloitte Advisory and Dentons at our quarterly government contracting roundtable. These discussions will foster a free exchange of ideas, insights and wisdom about government contracting hot topics, including:

• Regional trends
• Regulatory changes
• Significant developments in litigation and enforcement
• Defense Contract Audit Agency (DCAA) audit trends (Rocky Mountains region)

We are hoping that this will be a forum for area contractors to exchange ideas on pain points and gather intel on trends to proactively prepare and respond to potential DCAA audits or inquires.

Deloitte & Touche LLP
555 17th Street Suite 3600
Breckenridge Conference Room
Denver, CO
Please RSVP by May 10  

Government Contracting Roundtable Discussion

Marsh Government Contracting Risk Forum 2017

Growth in an Unpredictable World: Strategies for Resiliency

Tuesday, May 23, 2017
12–6 p.m.

The Ritz-Carlton, Tysons Corner
1700 Tysons Boulevard
McLean, VA 22102 l Map

We have partnered with Marsh to develop an afternoon of insightful panels and networking opportunities to help you better manage your risk in a changing environment.
Scheduled panels include:

  • Technology Disruption’s Impact on Strategy and Risk
  • Third-Party Uncertainty from Geopolitical Instability
  • Social Instability: Optimizing Talent During the Storm

The forum opens with a networking lunch and concludes with a cocktail hour.
For more information, please visit our event website.

Marsh Government Contracting Risk Forum 2017

Trump’s ‘Buy American, Hire American’ executive order advances his domestic preference agenda, but its impact may not be felt for months

Delivering on one of his signature campaign promises, President Trump signed an executive order (EO), dubbed “Buy American, Hire American,” on April 18, 2017, that focuses on the H-1B visa program and the procurement of American products by federal agencies.

On the “Buy American” front, the EO requires every agency to conduct, within 150 days of the date of the EO, a comprehensive assessment of the monitoring of, enforcement of, and compliance with the Buy American requirements within their respective agencies. The EO acknowledges the existence of several Buy America(n) preference frameworks, which it consolidates for purposes of the new policy position.

The EO further directs the agencies to assess their use of Buy American waivers, to minimize their use of such waivers and, prior to granting a public interest waiver, to assess whether the cost advantage associated with purchasing “a foreign-sourced product is the result of the use of dumped steel, iron, or manufactured goods or the use of injuriously subsidized steel, iron, or manufactured goods,” and to document their findings in any waiver determination. The EO also requires agencies to adopt policies and procedures to maximize the use of US goods, products, and materials in federal procurements.

The EO further directs the Secretary of Commerce and the United States Trade Representative to assess the impact that all US free trade agreements and the World Trade Organization Agreement on Government Procurement have on Buy American requirements within 150 days of the date of the EO and to submit a report to the President detailing their findings within 220 days of the EO date.

The “Hire American” element of the EO requires the Secretary of State, the Attorney General, the Secretary of Labor and the Secretary of Homeland Security to propose new rules and to issue new guidance aimed at protecting the interests of US workers from fraud and abuse. In addition, the EO directs the Secretary of State, the Attorney General, the Secretary of Labor and the Secretary of Homeland Security to suggest reforms to the H-1B program so that visas under the program are granted to “the most-skilled or highest-paid petition beneficiaries.”

As discussed here, government contractors should continue to monitor the administration’s activities with respect to domestic preference requirements, as changes appear to be on the horizon. Government contractors should also remain in strict compliance with domestic preference laws, regulations and contract terms, as the Trump administration appears set on vigorously enforcing existing domestic preference requirements. Finally, while the Buy American directives in the EO seem focused on construction and transportation projects and while it remains to be seen what comes of the report to be submitted to the President, it seems likely that there will be at least some changes to existing domestic preference obligations. And while any changes are not immediately forthcoming, contractors should evaluate their current supply chains so as to be prepared to make necessary adjustments should new domestic preference requirements be implemented.

Trump’s ‘Buy American, Hire American’ executive order advances his domestic preference agenda, but its impact may not be felt for months

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

You’re Invited: 2017 Denver Government Contracts Briefing

Please plan to join us at our annual Denver Government Contracts Briefing. As in previous years, the complimentary and exclusive meeting will cover the latest developments in the government contracting industry. The briefing will take place at our traditional venue, the Ritz-Carlton, Denver.

View the complete agenda and the latest updates on the event webpage

Thursday, May 11, 2017
Ritz-Carlton, Denver 1881 Curtis Street
Denver, CO

 

 

 

You’re Invited: 2017 Denver Government Contracts Briefing

DoD announces industry day to facilitate implementation of new network penetration reporting clause

In response to a chorus of implementation questions raised by the contracting community, the US Department of Defense (DoD) has announced an industry information day, during which contractors who have questions or wish to provide feedback regarding DoD’s Network Penetration Reporting and Contracting for Cloud Services final rule can raise those questions. On April 5, 2017, DoD published a notice of meeting in the Federal Registerannouncing the “Industry Information Day” on June 23, 2017.

The public meeting will address the implementation of DFARS Case 2013-D018, and the associated DFARS clauses, including DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct. 2016). The final rule, published October 21, 2016, finalized an interim rule mandating that both prime and subcontractors safeguard covered defense information, report on network penetrations, and require adequate security from external cloud computing services. We have previously analyzed these new requirements.

The industry day announcement is an important reminder to contractors of the upcoming December 31, 2017, deadline for implementing the new security requirements required under the final rule to qualify for new DoD awards. The event will be held on Friday, June 23, from 9 a.m. to 1 p.m. at the Mark Center Auditorium in Arlington, VA. Any contractors with questions or feedback about the rule’s requirements or implementation should attend. The registration deadline is June 12, 2017.  Contractors may register via email at: OSD.DIBCSIAEvents@mail.mil. DoD will accept written questions until May 1 at the same address, and contractors grappling with various implementation questions are encouraged to submit questions in advance.

For additional details regarding the Industry Information Day, registration and process for submitting questions, please consult the meeting notice.

DoD announces industry day to facilitate implementation of new network penetration reporting clause