It’s been more than a year since the SBA issued a final rule overhauling the limitations on subcontracting for small business contracts. The SBA’s rule, now codified at 13 C.F.R. 125.6, changes the formulas for calculating compliance with the limitations on subcontracting, and allows small businesses to take credit for work performed by similarly situated subcontractors.
But the FAR’s corresponding clauses have yet to be changed, and this has led to a lot of confusion about which rule applies–especially since many contracting officers abide by the legally-dubious proposition that “if it ain’t in the FAR, it doesn’t count.” Now, finally, there is some good news: the FAR Council is moving forward with a proposed rule to align the FAR with the SBA’s regulations.
The FAR Council has added a new provision to the FAR to restrict the permissible terms of employee confidentiality agreements.
Effective January 19, 2017, contractors wishing to do business with the federal government will need to certify that they do not limit the ability of their employees to report waste, fraud, or abuse to appropriate government officials.
The FAR Council has published a final rule to require that certain contractor employees complete privacy training.
The final rule requires privacy training for contractor employees who handle personally identifiable information, have access to a system of records, or design, maintain, or operate a system of records.
I don’t know about your part of the country, but here in Lawrence, the temperatures have plunged and it has finally felt like winter for the first time. When temps get cold, I prefer to stay inside with a hot beverage, but I have to hand it to all of the die hard Chiefs fans who scoffed at the single-digit temperatures and spent the evening watching their team defeat the Raiders at Arrowhead Stadium last night.
As we continue our wintry approach to the holidays, it’s been a big week in government contracting. Here on SmallGovCon, we’ve been focusing on the government contracting provisions of the 2017 NDAA, and this week’s SmallGovCon Week In Review has an additional update on the bill’s progress. But that’s not all: our weekly roundup of government contracting news also includes a change to the FAR to reflect SBA regulations regarding multiple-award contracts, previews of contracting under President-elect Trump, and much more.
Spring seems to have arrived early here in Lawrence, as we have been hovering around the 70-degree mark for over a week now. For me, spring is grilling season, and I’m ready to get a couple racks of ribs on my Big Green Egg this weekend. But who am I kidding–every season is grilling season for me.
While I daydream of smoked baby backs, I haven’t forgotten that if it’s Friday, it’s time for SmallGovCon Week In Review. This week, our government contracting news includes a False Claims Act violation, a major milestone for women-owned business, a constitutional challenge to the 8(a) Program, and much more.
WOSB sole source authority is now part of the FAR.
Effective December 31, 2015, the FAR Council has adopted an interim rule incorporating the WOSB sole source authority adopted in the 2013 National Defense Authorization Act and recently made part of the SBA’s regulations.
Under a new FAR provision effective in February 2016, the Government typically will not enter into a contract with any corporation that has an unpaid Federal tax liability that is not being contested or timely repaid. The same new FAR provision prohibits the Government, in most cases, from awarding a contract to a company recently convicted of a Federal felony.
The new FAR provision requires a corporate offeror to represent whether it has any unpaid tax liabilities or recent felony convictions. If the answer to either question is “yes,” the Government cannot award a contract unless it has first considered suspension or debarment of the offeror, and determined that suspension or debarment is unnecessary to protect the Government’s interests.