SmallGovCon Week in Review: June 13-17, 2022

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Happy Friday and Happy Juneteenth! This year, June 19, Juneteenth, falls on a Sunday, so the federal holiday, established in 2021, will be observed on Monday, June 20. Juneteenth arose from the date of June 19, 1865, in Galveston, Texas–when African Americans in the state learned of their freedom due to the Emancipation Proclamation and Thirteenth Amendment. Juneteenth celebrations often focus on education and reflection on the path to freedom as well as the steps still needed to achieve equity in our country.

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No Pay, No Need to Say: GAO Clarifies What Judgments and Settlements Require Disclosure under FAR 52.209-7

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Representations and certifications are an integral part of the requirements for any solicitation. While each solicitation may require different representations and certifications, what precisely is required for a given representation or certification is generally governed by the FAR. One of the more common requirements is that an offeror provide information to the Federal Awardee Performance and Integrity Information System (FAPIIS) regarding its current federal awards and recent judgments against it concerning federal procurements that result in payment by the offeror, and this is governed by FAR 52.209-7. Recently, GAO addressed the question of just what recent judgments must be disclosed under that FAR rule. In this post, we will explore their decision.

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SmallGovCon Week in Review: June 6-10, 2022

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Happy Friday, Readers! We hope you had a very productive week and can take some time this weekend to relax and unwind. The start of June is proving to be a wet one here in the Midwest and the gardens and trees are loving it! Everything is so green and the spring flowers are beautiful. I’m sure the town will be filled with the sound of lawn mowers this weekend.

Here are a few noteworthy articles this week, concerning federal government contracting issues, including some policy changes on the federal management level, reports on time and materials contracts, and small business tech opportunities. We hope you can kick back, relax and carve out some leisure time this weekend. Enjoy!

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SmallGovCon Welcomes Back Greg Weber!

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Greg Weber has recently rejoined the blog and is once again one of our attorney-authors. We’re excited to have him back! Greg spent a stint in the healthcare industry, which has given him increased experience in both regulatory and transactional matters. His recent post discusses the importance of checking your emails in connection with size protests. Email is a common way the federal government gives notice, so a lot can rest on an email sometimes. Greg’s full biography can be found here.

Be on the lookout for more of Greg’s posts on SmallGovCon.

Department of Defense Unveils Plan to Address Effects of Inflation on Contracts

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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.

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