Many of my Monday Morning Contracting Tips focus on “The How” (how to do business with the government) I’d like to adjust this Monday Morning Contracting Tip to share information on some Congressional Update. I think it’s important that we also keep up with what our administration is doing and its rulings as it relates to Government Contracting. I’d like to share the following…

REGULATIONS LATEST RULINGS

  • Final Rules
    • GSA Issues Final Rule Addressing Common Commercial Supplier Terms that are Unenforceable Against the Government: On February 22, 2018, the General Services Administration (GSA) issued a final rule that addresses commercial suppliers terms that are inconsistent with or create ambiguity with federal law.
  • Proposed Rules
    • Government Proposed New Rules in the Semiannual Regulatory Agenda of the FAR Council and GSA: The government recently proposed new regulations regarding data breaches, cost evaluations for indefinite delivery/indefinitely quantity (IDIQ) contract proposals, overseas small business contracting, and other areas of government contracting, affecting nearly every area of the industry.

INDUSTRY DEVELOPMENTS

  • GSA Cybersecurity Requirements: GSA Plans Updates for Cybersecurity Requirements for Contractors
    • The GSA Semiannual Regulatory Agenda includes plans to formalize requirements in the GSAR concerning reporting cyber-incidents that potentially affect GSA or its contractors.

FEDERAL SPENDING

  • Senate Reaches Bipartisan Spending Agreement to Increase Federal Spending by Nearly $300 Billion Over Two Years
    • On February 7, 2018, congressional leadership reached a bipartisan spending agreement that would set top-line funding levels for all federal agencies for the next two years, increasing spending at the defense and non-defense agencies by a total of $200 Billion. Lawmakers combined the two -year spending deal with a short-term to keep the government operating when funding ran out February 8. The measure was designed to keep the government open through March 23 to give lawmakers time to write longer-term spending bills.

DOJ GUIDANCE

  • DOJ Memo Eliminates Reliance on Agency Guidance
    • On January 25, 2018, the Department of Justice (DOJ) under the Trump administration issued a new memo limiting the use of agency guidance documents in affirmative civil enforcement cases.