Tuesday, April 13, 2021

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DFARS Final Rule Requires Contractor Reporting of Network Penetrations, Amends Definitions of Covered Defense...

The Department of Defense has published a final rule amending the Defense Federal Acquisition Regulation Supplement to require contractor reporting on network penetrations and to implement DoD policy on the purchase of cloud computing software. In a change from the interim rule, the definition of covered defense information is amended to clarify that the information […]
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DFARS Final Rule Consolidates Hotline Posters

The Department of Defense has published a final rule amending the Defense Federal Acquisition Regulation Supplement to consolidate fraud, waste, and abuse hotline posters into one poster to be displayed by covered contractors, and to remove the United States-only restriction for use of the poster. This final rule is effective October 21. Source
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Final Rule Makes Technical Amendments to DFARS

A final rule published in today’s Federal Register amends the Defense Federal Acquisition Regulation Supplement to make technical corrections to provide needed editorial changes. Effective today, the rule provides direction to contracting officers at DFARS 204.270-2(c) to follow the procedures at DFARS Procedures, Guidance, and Information (PGI) 204.270-2(c) regarding the creation and processing of contract […]
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GSA’s Streamlined Offer Process for Successful Legacy Contractors

The General Services Administration has made it easier for Federal Supply Schedule legacy contractors to process their new 20-year contract when they approach the end of their current 20-year contract period. Clause A-FSS-11 has been updated so that a contractor can now submit an offer for a new contract under the same Schedule at any […]
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Smith Pachter McWhorter Updates FCA Practice Guide

Smith Pachter McWhorter has published the 2016 edition of its False Claims Act Practice Guide. The guide covers the statutory framework of the False Claims Act, theories of liability and common trouble areas, and enforcement trends and notable cases, including a case study of Universal Health Servs. v. United States ex rel. Escobar. More at […]
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SBA Revises 8(a) JV Regulation—But Confusion Remains

The Small Business Administration’s revised 8(a) joint venture regulations leave some questions unanswered about the status of joint ventures: 1) Are all populated JVs eliminated, or only those where the joint venture is a separate legal entity?; 2) Which regulations do 8(a) mentor-protégé JVs follow for small business set-asides?; and 3) Can service-disabled veteran-owned small […]
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Non-Commercial Computer Software Rights and Government Misconceptions About What It Buys

Contractors who develop non-commercial software for the government should understand how the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement define non-commercial computer software, databases, and documentation; what rights are purchased by the government; and who owns the underlying code. Failing to understand these rights or to protect them through proper contract language could […]
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State of Suspension/Debarment: FY2016 Statistics and the Impact on Small Businesses

According to an analysis of government suspension and debarment activity by Crowell & Moring, small businesses account for the vast majority of excluded companies. Where large firms are able to address a suspension or proposed debarment, and proactively address ethics and compliance issues with agency S&D officials, small firms may lack the resources and know-how […]
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Agency Cannot Unilaterally Modify Contract to Delete Work Already Completed, ASBCA No. 60533, Appeal...

Appeal of the agency’s unilateral reduction of the contract price is granted where despite minor changes to the scope of work, the contractor completed the work contemplated by the fixed-price contract, and where the agency had no authority to delete already-completed work from the contract and replace the fixed-price contract cost with an unsupported cost […]
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Fifth Circuit Affirms False Claims Act’s Anti-Retaliation Provision Cannot Be Used Against Individuals Who...

The Fifth Circuit has affirmed the dismissal of a whistleblower’s claim of False Claims Act retaliation against all individual defendants in the case. In Howell v. Town of Ball, the Plaintiff had brought claims under the FCA against the town of Ball, Louisiana, as his employer, and also against several individuals with roles in town […]
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