Department of the Interior Proposes Rules to Remove Barriers in Buy Indian Act Contracting Opportunities

The Department of the Interior (DOI) proposes to revise regulations implementing the Buy Indian Act, which provides the Department with authority to set aside procurement contracts for Indian-owned and controlled businesses. The proposed rule is to revise current procurement regulations that have created barriers to Indian Economic Enterprises (IEEs) from full participation in the DOI’s procurement process. The proposed rule is here.

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COVID-19 Federal Workforce Vaccination Deadline Extended to January 4, 2022

This morning, the White House released updated Covid-19 vaccination guidelines. This update includes a nearly month-long delay in the mandate implementation. Previously, all federal workers and contractors must have either been fully vaccinated or granted some form of extension or accommodation by December 8, 2022. Fully vaccinated means two weeks following the final dose, meaning the actual deadline was early November for employees to begin the two-shot cycle of Pfizer or Moderna.

The new deadline also comes with updated recommendations from OSHA.

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Data Rights and the Government Contractor: An Introduction and Unlimited Data Rights

Ask any attorney, and there’s a good chance they’d agree with this statement: Intellectual property is a particularly complex area of law. Dealing with property rights in things that don’t physically exist, unsurprisingly, can result in a lot of confusion. Couple this with the labyrinthine regulations and rules concerning government contracts and procurements, and even the most experienced contractor can be left confused with a pounding headache.

To help clear up these murky waters, this post will be the first in a series of posts reviewing some of the basics of intellectual property rules in government contracts. We will start by going over data rights, as perhaps no subject in this field is more difficult than dealing with data rights. While I think we’re getting to the point in history where we can stop referring to computers and the internet as a novel technology (The internet as we know it is over thirty years old!), the law around data rights is still relatively new and rough around the edges. In this post, we will review the general concept and the rules regarding “unlimited rights” in data.

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Picking Your Teams: Joint Ventures Versus Prime/Subcontractor Teams (Part One, Workshare)

Federal contractors often ask: “Is it better to team up for government work with a prime-sub arrangement or with a joint venture?” Well, (spoiler alert) the answer is: it depends. But I won’t leave you with just that. This three-part series will provide insight on some of the major differences between these two types of “teams” that offerors should consider when making the decision between a joint venture or prime/subcontractor team in competing for and performing federal contracts. While this series will not provide a comprehensive list of all the differences between these two types of teams, it will cover some of the big ones that seem to come up more frequently in this decision-making process. The focus of this first article will be work share.

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Polaris GWAC: GSA Issues Draft RFP Sections

GSA has been hard at work on the Polaris solicitation. The goal: provide federal agencies with information technology services from qualified small businesses. GSA recently released the updated draft versions of the submission instructions and evaluation criteria for Polaris. Like CIO-SP4, which we blogged on in detail, Polaris is going to be of interest to many small business IT contractors. So, here are a few highlights from the draft sections.

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SBA Issues 2020 Small Business Scorecard, Small Business Contracting Over $145 Billion!

The SBA released its annual Small Business Procurement Scorecard for fiscal year 2020 of how federal agencies are doing in meeting their small business goals. The SBA, in announcing the Scorecard, highlighted that small businesses received $145.7 billion in federal contracts , a $13 billion increase from the previous fiscal year. But looking beyond the headlines, not all of the trends are positive for small businesses. Let’s take a look at the numbers.

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CIO-SP4 Amendment 9, a Last Minute Stay

With less than 24 hours left until proposals were due, NIH released Amendment 9, staying the proposal deadline until August 20, 2021 at Noon Eastern. Amendment 9 says it changes very little, but the innocuous cover letter belies a major change to evaluations for Other Than Small and Emerging Large Businesses (OTSBs and ELBs).

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