SBA publishes its semiannual Regulatory Agenda to provide an update on the various rules it has in the pipeline and an estimate for when they will be published or become final. While SBA doesn’t have to meet these timeframes, it’s always good to check in on what SBA has been working on when the final rules will come out. This agenda includes an update on increased size standards, along with some other important rules. Read on for the highlights and be sure to comment on any rules that you have an opinion on.
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FAR Council Seeks to Address Climate Change in Federal Contracting
In response to an Executive Order, the FAR Council has recently proposed to amend the FAR in an effort to ensure that major federal procurements will minimize the risk of climate change. And DoD, GSA, and NASA sought the public’s input on the issue. Let’s take a closer look.
Continue readingIHS Issues Final Rules Implementing the Buy Indian Act
On January 13, 2022 the Secretary of the Department of Health and Human Services (HHS) issued its Final Rule governing the implementation of the Buy Indian Act (Act). This rule clarifies the preference for Indian-owned and controlled businesses and removes barriers by alleviating unnecessary regulatory burdens. If you’re a frequent visitor to our blogs, you may be thinking, “wait what, didn’t you just blog about this last November?” Actually, the subject of the blog about the Buy Indian Act from November was the proposed rules governing the Buy Indian Act issued by the Department of Interior (DOI) covering procurements of the Bureau of Indian Affairs (BIA). HHS’s Final Rules issued on January 13th (Final Rule) supplement and amend regulations guiding implementation of the Buy Indian Act for procurements by the Indian Health Service (IHS).
Given the long scattershot implementation of the Buy Indian Act, how the Act it is applied to different agencies, the multiple notices of proposed changes to the Buy Indian Act, along with the general decentralized structure of procurement regulations, it can all be a bit confusing. A bit of background may help to put it all in context.
Continue readingData Rights and the Government Contractor: Restricted Computer Software
After going over limited data rights in our last post on intellectual property in government contracts, it is only natural we discuss the similar but distinct concept of restricted computer software. As we noted in the limited data rights post, this only concerns contracts regulated by FAR, or, in other words, non-Department of Defense contracts. If you’re dealing with the Department of Defense, the Defense Acquisition Regulation Supplement (DFARS) applies. DFARS has similar provisions but also differs in meaningful ways. We’ll discuss DFARS at a later post.
Continue readingWhite House Proposes Reforms to Increase Dollars to Underserved Small Businesses
Small businesses are often seen as the backbone of the economy. Contained within the category of small businesses are what are known as Small Disadvantaged Businesses or SDBs. Currently, the federal government has a goal to award 5% of its contracting dollars to SDBs. The White House is seeking to triple this number by 2025. The White House recently released a Fact Sheet as to how it intends to meet this goal. So, let’s dive into some of the specifics.
Continue readingFAR Will Clarify Commercial Item Definition Into Services and Products
There will be a new definition for commercial items under the FAR, via a final rule effective December 6, 2021. The rule divides the definition into two separate categories: “commercial service” and “commercial product.” Below, we’ll summarize these changes to an important definition in federal contracting.
Continue readingUpdate: Federal Court Enjoins Contractor Vaccine Mandate in 3 States
A federal judge in Kentucky has enjoined the federal government from enforcing the federal contractor vaccine mandate in three states. As of November 30, 2021, a judged issued a preliminary injunction against the contractor mandate for Kentucky, Ohio, and Tennessee.
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