GOVERNMENT CONTRACTS
Reducing the Negative Impacts of a Government Shutdown for Federal Contractors, PilieroMazza Client Alert, Jon Williams, Nichole D. Atallah, Patrick T. Rothwell
Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out of funding on September 30 and tensions in the House are making it ever more likely that a shutdown will occur. Here are key steps your business should take to mitigate the possible negative impact of a government shutdown, along with shutdown-related labor and employment considerations for government contractors. Read more here.
Shutdown Looms As US House Republicans Again Block Own Spending Bill, Reuters
U.S. House Speaker Kevin McCarthy’s attempt to restart his stalled spending agenda failed on Thursday when Republicans, for a third time, blocked a procedural vote on defense spending, raising the risk of a government shutdown in just 10 days. The House of Representatives voted 216-212 against beginning debate on an $886 billion defense appropriations bill, with five hardline conservative Republicans joining Democrats to oppose the measure. Read more here.
NASA Seeks Comments on Draft Solicitation for SEWP VI IT Support GWAC, GovConWire
The National Aeronautics and Space Administration (NASA) seeks feedback on a draft request for proposal for the sixth iteration of the Solutions for Enterprise-Wide Procurement contract meant to serve as an acquisition vehicle for information technology products and services. SEWP VI will be a governmentwide acquisition, fixed-price, indefinite-delivery/indefinite-delivery contract with an ordering period of 10 years and three categories meant to streamline governmental access across the entire information and communications technology and audio-visual products and services landscape. Comments on the draft RFP are due October 2, 2023. Read more here.
Small Business Administration (SBA) Proposed Rule and Request for Comments: Criminal Justice Reviews for SBA Business Loan Programs and Surety Bond Guaranty Program
On September 15, 2023, SBA issued a proposed rule proposing to amend regulations governing its business loan programs (7(a) Loan Program, 504 Loan Program, Microloan Program, Intermediary Lending Pilot Program (ILP), Surety Bond Guarantee Program, and the Disaster Loan Program (except for the COVID Economic Injury Disaster Loan Disaster Loan Program) for criminal background reviews. The amendments are designed to improve equitable access based on criminal background review of applicants seeking to participate in one or more of these programs. Comments are due November 14, 2023. Read more here.
General Services Administration (GSA) Final Rule: Streamline GSA Commercial Contract Clause Requirements
On September 12, 2023, GSA issued a final rule amending the GSA Acquisition Regulation to clarify and streamline the clauses contracting officers should reference in acquisitions for commercial products and services. The rule streamlines, reorganizes, and removes duplicative and outdated clauses. The Rule is effective October 12, 2023. Read more here.
General Services Administration (GSA) Proposed Rule and Request for Comments: Updated Guidance for Non-Federal Entities Access to Federal Supply Schedules (FSS)
On September 18, 2023, GSA issued a proposed rule proposing to amend the General Services Administration Acquisition Regulation (GSAR) subpart 538.70 to update and clarify the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments. The proposed rule is intended to provide visibility into the resources and authorities available to eligible non-Federal entities who may be interested in using FSS contracts, and to clarify the requirements for FSS contractors interested in doing business with eligible non-Federal entities under their FSS contract. Comments are due November 17, 2023. The Proposed Rule is available here.
Upcoming Government Contracts Presentations
WEBINAR: How to Use and Protect your Intellectual Property When Performing Federal Contracts, September 27, 2023, Isaias “Cy” Alba, IV. Read more here.
CONFERENCE: Small Business Compliance with the FAR, October 12, 2023, Meghan F. Leemon. Read more here.
TRAINING: VIP START: Legal Considerations: How Best to Structure Your Company as a Federal Contractor, October 24, 2023, Isaias “Cy” Alba, IV. Read more here.
WEBINAR: Keys to Preparing a Winning Bid for DHS’s $5.6 Billion PACTS III IDIQ, October 26, 2023, Isaias “Cy” Alba, IV. Read more here.
WEBINAR: Joint Venture and Mentor-Protege Bidding Strategies (2023), November 9, 2023, Peter B. Ford and Meghan F. Leemon. Read more here.
FALSE CLAIMS ACT / AUDITS & INVESTIGATIONS
Dual Civil-Criminal DOJ Probes Raise Government Contractors’ Risks, Law360
Department of Justice (DOJ) investigations in federal procurement fraud cases are increasing and requiring contractors to consider responses to investigative demands. This article discusses how contractors can manage multiple demands from DOJ and what is causing the rise in parallel civil and criminal investigations relating to the False Claims Act. Read more here (subscription required).
Pandemic Unemployment Fraud As High As $135 Billion, Watchdog Says, Government Executive
According to a report from the Government Accountability Office, “fraudulent unemployment insurance payouts during the pandemic amounted to $100 Billion to $135 Billion.” The Department of Labor is looking to maintain its support for modernization of state-based unemployment insurance systems and the deployment of digital identity solutions to prevent systemic fraud in the future. Read more here.
CYBERSECURITY & DATA PRIVACY
Department of Defense (DOD) Releases 2023 Cyber Strategy Summary
On September 12, 2023, DOD released an unclassified summary of its classified 2023 Cyber Strategy. In this document, DOD summarizes its cyber strategy for 2023 and outlines its plans to ensure cyber security in the future. Notable for DOD contractors, DOD states they will “align [Defense Industrial Base] contract incentives with DOD cybersecurity incentives,” and “will continue implementation of the Cybersecurity Maturity Model Certification Program, which requires companies to certify compliance with information security standards in order to receive certain priority contracts.” Read more here. DOD’s Press Release is also available here.
