Inflation. A word no one likes, but it is something that is currently impacting nearly every facet of our lives. Gas prices continue to rise, grocery costs are through the roof, and everyday living expenses are taking more hard-earned money from our country’s workers than ever before. However, consumers are not the only ones feeling the effects. Costs and expenses of running a business have increased dramatically as well, and those in the federal contracting world are no exception. Questions from both contractors and contracting officers (CO) prompted the Department of Defense (DOD) release new guidance on May 25, 2022, conveying how it plans to handle inflation through economic price adjustments (EPA) as well as when the use of EPAs is appropriate. However, the guidance also discourages flexibility for increased costs based on inflation.
Continue readingCategory Archives: Federal Government Contracting
Upcoming SBA Rule Will Switch to 24-Month Calculation for Employee Size Standards
SBA has issued a final rule changing all employee size standards to a 24-month calculation. This rule is scheduled to be published in the Federal Register on June 6, 2022, and and will take effect 30 days from the date it is officially published. Let’s take a closer look.
Continue readingMemorial Day 2022: A Day of Remembrance
Memorial Day, originally known as Decoration Day started on May 30th, 1868 as a day of remembrance for Civil War veterans. According to History.com, the date was chosen because it wasn’t tied to any particular battle.
In 1968, Congress passed the Uniform Monday Holiday Act. This Act established Memorial Day as the last Monday in May in order to create a three-day weekend for federal employees. The change went into effect in 1971. The same law also declared Memorial Day a federal holiday.
We would like to thank our veterans and active military personnel, and their families, on this day and everyday. Thanks for your service. We appreciate you and the sacrifices made for our country.
Have a wonderful Memorial Day weekend.
Setting the Standard: How the SBA Determines Size Standards for Small Businesses
In a recent post, we examined some proposed new size standards for manufacturing and other industries that utilize employee-based size standards. This probably got many of you wondering: How does the SBA determine what the size standards should be? It’s a good question, and today, we’re going to look at just that. Hopefully, this will provide some insight as to the SBA’s approach to setting size standards.
Continue readingThe DFARS Approach to Data Rights
We have discussed data rights in the general federal government context, now it is finally time to look at the DFARS’ approach to this area of intellectual property. One thing: The DFARS (Defense Acquisition Regulation Systems) does not replace the FAR. It is a supplement, not a completely different set of rules. That said, there are certain nuances that the contractor needs to be aware of in order to navigate the DoD’s requirements.
Continue readingPolaris: GSA Releases Solicitations, New Q&A
GSA recently released new solicitations for the Small Business Pool and the Women Owned Small Business Pool. The Q&A has some additional details on the Polaris solicitation. As we’ve written about, the purpose of the Polaris solicitation is to provide federal agencies with information technology services from qualified small businesses. I’ll mention some of the highlights from both the solicitations and the update, which includes some more information on the timing for the solicitation, other small business pools, and other items. Also, GSA will be extending the due date for proposals.
Continue readingNew Senate Bill Takes Aim at Organizational Conflicts of Interest
These days it often seems like both sides of the congressional aisle cannot agree on anything and bipartisan support is in short supply. However, one thing that Congress can agree on is the fact that organizational conflicts, which can lead to unfair advantages, have no place in Federal contracting. On March 23, 2022, Michigan Senator Gary Peters, with support of three other senators, introduced S. 3905, the Preventing Organizational Conflicts in Federal Acquisition Act (the Act). The bill aims to identify and prevent organizational conflicts of interest (OCI) that have been slipping through the cracks, stating that “[p]rotecting against conflicts of interest in Federal acquisition is vital to the integrity of Government operations.”
Continue reading