Georgia Tech Procurement Assistance Center

How to survive a government shutdown

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Does your company participate in federal contracts?  Whether they’re the majority of your business or a relatively small share of your total project work, successfully enduring a shutdown in federal government activities requires preparation. This article explains how to do that.

Top tips:

  • Meet with the project’s contracting officer in advance to determine its status in the event of a shutdown.
  • Review the contract to determine what shutdown-related costs are billable.
  • Collect as much information about the project as possible.
  • Remedy any payment concerns in advance.
  • Request a time extension on the contract.
  • In the event of a shutdown, unless otherwise ordered, show up to the site and document being turned away or that the site was inaccessible.
  • Prepare to increase capacity to the project once the shutdown ends.

Read the full article here: http://www.constructiondive.com/news/how-to-survive-a-government-shutdown/504122/

 

Defense contractors begin early shutdown preparations

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Contractors should immediately begin communicating with their contracting officers about the impacts of a potential government shutdown this fall, former executive branch officials and industry experts warned on Monday.

Already, said David Berteau, who served for 14 years at the Defense Department before becoming president of the Professional Services Council, the contracting community is “way ahead” of where the government is in terms of shutdown preparation. Still, he and other experts cautioned, companies should develop and maintain good relationships with civil servants now so they can solicit information from them as a potential appropriations lapse draws closer.

Agencies will be forced to shutter their doors on Oct. 1 — or, more realistically, Oct. 2, which is a Monday — if Congress fails to pass a spending bill to set agency funding for fiscal 2018. Representatives from business contracting with government gathered at PSC’s headquarters in Arlington, Va., on Aug. 14th to hear tips and advice for how they should prepare for such an outcome.

Keep reading this article at: http://www.defenseone.com/politics/2017/08/defense-contractors-begin-early-shutdown-preparations/140268/

I think my company is a federal contractor and has regulatory obligations, but where can I look to search for that information?

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Doing business with the United States federal government can be very lucrative, but it comes with a price.

That price arrives in the form of reporting obligations, recordkeeping, outreach, and much more.

Failure to comply with all applicable regulatory requirements can also have steep consequences, so it is very important for federal contractors to ensure they are doing all that is required.

Companies are sometimes unaware that they are a covered contractor or subcontractor and, thus, find themselves unprepared for an Office of Federal Contract Compliance Programs (OFCCP) compliance review. In an effort to better prepare for these types of situations, this article is intended to provide some practical information and resources about federal contractor thresholds and where to look for federal contracts.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=598152

Federal contractors confident after post-election uncertainty, says survey

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Government contractors overall, but especially those in the federal tech sector, have increased confidence in 2017-2018 sales growth, according to a survey of 424 companies selling to federal, state, local and educational agencies.

Posing questions about growth and agency budgets to wide-ranging firms in the infrastructure, technology and other/services sectors, government business intelligence company Onvia constructed the government contractor confidence index presented in its third annual report.

Monitoring the composite results following the dips of 2016’s election year uncertainty, Onvia found an increase in overall confidence of 5 percent over last year’s survey, placing the current level (135.8) at its highest since 2015 (135.1).  

Keep reading this article at: http://www.federaltimes.com/articles/federal-contractors-confident-after-post-election-uncertainty-says-survey

Contractors resist push to post contracts online

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In a move intended to make it easier for the public to see what exactly federal contractors do for the taxpayer money they receive, two Senate Democrats have introduced legislation that would require agencies to post the text of major contracts online. But contractors and contracting specialists are pushing back.

On March 15, Sens. Claire McCaskill, D-Mo., and Jon Tester, D-Mont., introduced the Contractor Accountability and Transparency Act of 2017 (S. 651), which would require agencies to post a “machine-readable, searchable copy of each covered contract” within 30 days of its signing.

The bill would cover awards worth $150,000 or more and would require that contracts be posted not later than 30 days after the agency enters into the agreement.

Contractors would be permitted to request redactions of sensitive national security information, trade secrets and other proprietary information—subject to approval by the contracting officer in consultation with the director of the Office of Management and Budget. No information required to be made public under the Freedom of Information Act would be redacted, the bill says.

Keep reading this article at: http://www.govexec.com/contracting/2017/03/contractors-resist-push-post-contracts-online/136639

President puts last nail in coffin to eliminate ‘blacklisting’ rule for federal contractors

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President Donald Trump on Monday signed a joint resolution shutting down an Obama administration-era rule that supporters said evened the playing field for law-abiding contractors, but which the current administration said amounted to “blacklisting” easy targets.

House Joint Resolution 37 stated that Congress “disapproves” the Fair Pay and Safe Workplaces rule  and “such rule shall have no force or effect.”

H.J. Res. 37 was part of a package of resolutions signed March 27 by President Trump, which “roll back job killing rules,” said White House Press Secretary Sean Spicer during a press briefing earlier in the day.

Keep reading this article at: http://federalnewsradio.com/industryassociations/2017/03/trump-signs-joint-resolution-to-roll-back-blacklisting-rule-for-federal-contractors/

How contractors view Trump’s budget and government reform agenda

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The Trump administration’s “skinny budget” released last week after an executive order on reorganizing the government drew cheers as well as brickbats from the contracting community.

The Professional Services Council, which represents 400 companies, said in a statement it backs the budget’s “increases for defense spending and believes that, if they are focused on sustainment and legacy systems modernization, those increases will help increase military readiness around the globe.”

But the council plans to work with Congress to alter some of President Trump’s priorities. “We are particularly concerned about arbitrary and disproportionate reductions in some agencies, cuts that do not align with the vital missions and functions of those agencies,” said President and CEO David Berteau. “Contractors can help bridge that gap.”

Keep reading this article at: http://www.govexec.com/management/2017/03/how-contractors-view-trumps-budget-and-government-reform-agenda/136450

More cybersecurity changes expected for contractors in 2017

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cyber-securityIn 2016, the dangers presented by an increasingly digital world clearly were on display. A cyber-attack using an army of Internet of Things devices interfered with the operations of major commercial websites.

And the Presidential Election was plagued with allegations of state-sponsored cybersecurity hacking (for which the Obama Administration just issued sanctions against the Russian government).

Cybersecurity threats are unlikely to cede the spotlight in the coming year. Indeed, Marcel Lettre, the Undersecretary of Defense for Intelligence recently described cybersecurity as a “political, economic, diplomatic and military challenge” that is “evolving and growing more acute over time.”

As repositories for some of the Government’s most sensitive data, contractors face increasing regulatory obligations for protecting that data from cyber-attacks. Highlighted below are some of the key regulatory actions taken in 2016 to further this goal. And, as described further below, cybersecurity remains a focus for the Government for the year ahead.

See some of the key cybersecurity regulatory actions impacting contractors here: https://www.insidegovernmentcontracts.com/2016/12/cybersecurity-changes-expected-contractors-2017/

DoD releases long-awaited final rule imposing cybersecurity obligations on Defense contractors

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US DoD logoOn October 21, 2016, the Department of Defense (DoD) issued its long-awaited Final Rule — effective immediately — imposing safeguarding and cyber incident reporting obligations on defense contractors whose information systems process, store, or transmit covered defense information (CDI).

The Final Rule has been years in the making and is the culmination of an initial rule issued in November 2013, two interim rules published in August 2015 and December 2015, and years of comments and experience by DoD and its contractors.  The new Rule materially alters the predecessor rule in a number of respects and clarifies several important issues relating to contracting for cloud computing services.

To see key substantive changes in the final rule, click this link: https://www.insidegovernmentcontracts.com/2016/10/cybersecurity-update-dod-releases-long-awaited-final-rule/

To see a full analysis of the new Rule by Covington & Burling, LLP, click this link: https://www.cov.com/-/media/files/corporate/publications/2016/10/department_of_defense_issues_final_rule-network_penetration_reporting_and_contracting_for_cloud_services.pdf

5 steps to compliance with the fair pay and safe workplaces rules

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The much-anticipated so-called federal contractor “blacklisting” rules and guidance (“Final Rule” and “Guidance”) were published in the federal register on August 25, 2016. The Final Rule becomes effective on October 25, 2016 and imposes four new legal obligations on covered federal contractors, which will be phased in over the next year (starting as early as October 25, 2016).

It is important to also note that this is being phased in via Federal Acquisition Regulation (“FAR”) solicitation and contract provisions. This means that the Final Rule “becomes effective” by beginning to appear in new solicitations issued on or after October 25, 2016. This should not dampen a company’s concern and speed of progressing through the steps below and determining and pursuing compliance, but it is critical to understand and follow the specific path of obligation.

  • First, federal contractors will have to disclose “labor law decisions” both before and after contract award. The federal government will use these disclosures in making their “responsibility” determinations – the determination of whether the contractor is a responsible source to whom a contract may be awarded.
  • Second, contractors must give a wage statement to employees containing for each workweek the number of hours worked, the number of overtime hours, rate of pay, and additions to and from gross pay, and total gross pay.
  • Third, contractors must provide written notice to independent contractors informing them that they are independent contractors and not employees.
  • Fourth, contractors can no longer enter into agreements with employees or independent contractors that require arbitration of claims under Title VII of the Civil Rights Act (includes discrimination and retaliation claims based on race, color, religion, sex and national origin) or sexual harassment claims.

Federal contractors will need to become quick studies of the Final Rule and Guidance in order to begin developing procedures to ensure compliance as these requirements phase in over the next year.

Keep reading this article at: http://www.directemployers.org/2016/09/20/five-steps-compliance-fair-pay-safe-workplaces-final-rule/

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