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Sep 20, 2024 | 
jdsupra.com | Matt Carter |Richard Oliver |Aaron Ralph
If the proposed rule is adopted, contractors will no longer qualify for set aside orders and agreements under multiple award IDIQ contracts after a disqualifying recertification. Takeaways The proposed rule makes many changes to SBA programs to promote uniformity across size regulations and various socioeconomic programs.
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Sep 9, 2024 | 
jdsupra.com | Matt Carter |Meghan Doherty |Aaron Ralph
The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts. Takeaways The Government alleges that Georgia Tech failed to comply with the cybersecurity requirements of its federal contracts and that it had a culture of disregard for cybersecurity procedures.
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Aug 20, 2024 | 
jdsupra.com | Meghan Doherty |Brian Finch |Aaron Ralph
The DoD takes yet another step towards full implementation of CMMC 2.0.Takeaways The proposed rule aims to implement many of the aspects of the Cybersecurity Maturity Model Certification program by amending the Department of Defense Federal Acquisition Regulation Supplement. Under the proposed rule, self-assessment or certification results will be required to be transmitted to the Supplier Performance Risk System at the time of award for the offeror to be eligible for award.
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Jun 13, 2024 | 
jdsupra.com | John A. Jensen |Richard Oliver |Aaron Ralph
The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit towards SDVOSB contracting goals. TAKEAWAYS Effective August 5, 2024, proposals submitted by self-certified SDVOSBs will not generate prime contract and subcontract credit towards SDVOSB contracting goals.
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Apr 23, 2024 | 
jdsupra.com | Whitney Alston |Marques Peterson |Aaron Ralph
The Office of Management and Budget is renaming and updating the Uniform Grants Guidance to streamline and clarify federal assistance funding requirements. TAKEAWAYS The government is updating the regulations that govern federal expenditures through grants, cooperative agreements, loans, loan guarantees and certain other types of assistance.
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Mar 4, 2024 | 
jdsupra.com | Whitney Alston |David Dixon |Aaron Ralph
The proposed clause will require USAID contractors to develop new standards, policies, or procedures designed to protect children from sexual exploitation. TAKEAWAYS The Agency for International Development Acquisition Regulation (AIDAR) will be revised to incorporate new requirements for Protection from Sexual Exploitation and Abuse (PSEA).
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Jan 19, 2024 | 
jdsupra.com | Meghan Doherty |Brian Finch |Aaron Ralph
Contractors should take steps now to ensure that they will be able to meet the requirements of the Cybersecurity Maturity Model Certification Program. TAKEAWAYS The proposed rule requires contractors to make annual affirmations regarding their cybersecurity maturity, thus increasing their risk of False Claims Act Liability.
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Jan 5, 2024 | 
jdsupra.com | Marques Peterson |Aaron Ralph
TAKEAWAYS Under certain circumstances, federal agencies have statutory authority to force inventors of patented technology developed with federal funding to grant licenses allowing others to practice the invention. This authority is known as “march-in." The government has never exercised these rights in the 43 years since the statutory scheme providing for march-in rights was established.
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Sep 1, 2023 | 
mondaq.com | Richard Oliver |Matt Carter |Aaron Ralph
All pending SBA 8(a) program applications are currently
suspended due to an injunction issued by a federal district court
in Tennessee.
Individually owned 8(a) companies that have not already done so
will now need to establish social disadvantage through a
narrative/evidence process before receiving contract awards.
Existing 8(a) contracts are not subject to the injunction, and
options and modifications can be exercised. Entity-owned 8(a)s are
not affected by the court's injunction.
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Aug 31, 2023 | 
jdsupra.com | Matt Carter |Richard Oliver |Aaron Ralph
The changes come in response to a court injunction declaring rebuttable presumption for social disadvantage unconstitutional. TAKEAWAYS All pending SBA 8(a) program applications are currently suspended due to an injunction issued by a federal district court in Tennessee. Individually owned 8(a) companies that have not already done so will now need to establish social disadvantage through a narrative/evidence process before receiving contract awards.
