The FAR Councils issued an interim rule, effective October 14, 2009, revising the circumstances under which services not offered and sold commercially can still qualify as commercial services. This is important for a couple of reasons, but probably most importantly, because commerciality can eliminate the requirement for the submission of cost or pricing data and can limit the amount of Government contracting requirements to which a company is subjected. The new interim rule now permits a Contracting Officer determination of commerciality even where services are not offered and sold competitively in substantial quantities in the commercial marketplace.
Continue Reading Reining in Use of “Of A Type” Commercial Service Contracting
Commercial Items
Trust, but E-Verify: A Cheat Sheet for Mandatory Employment Eligibility Verification by Federal Contractors
By Sheppard Mullin on
The final rule mandating E-Verify for federal contractors became effective on September 8, 2009. The lawsuit that stayed implementation of E-Verify since January ended with the district court’s granting of the Government’s motion for summary judgment. As long as Congress continues to fund E-Verify, it should remain a permanent fixture of federal procurement.
The President Admits the Stimulus Is Not Working as Hoped. Well, Duh.
By Sheppard Mullin on
The Administration has conceded that the American Recovery and Reinvestment Act (“ARRA”) has not worked as planned. With unemployment numbers continuing to climb, the Administration now acknowledges it “misread the economy.” But from the beginning not everyone believed ARRA would achieve the desired stimulative effect. After all, $787 billion cannot be disbursed without some complication.
Continue Reading The President Admits the Stimulus Is Not Working as Hoped. Well, Duh.
On Their Way: The MAS Advisory Panel Recommendations
By Sheppard Mullin on
With its mission to discuss and recommend changes to the MAS program, including price reductions provisions, most favored customer status, and practices in commercial pricing, the Multiple Award Schedule (“MAS”) Advisory Panel has voted on several recommendations to present to the Administrator of GSA. The Panel has been meeting since April last year, and currently is preparing its final recommendations. This Blog obtained a copy of the recommendations already adopted by the Panel.
Continue Reading On Their Way: The MAS Advisory Panel Recommendations
New Rules For Commercial Off-The-Shelf Products Exempts BAA Components And Exempts Recycled Content Reporting Requirement
By Sheppard Mullin on
On January 15, 2009, the FAR Councils issued the final rule on the purchase of commercial-off-the-shelf ("COTS") products, adding a new section to the FAR to be effective on February 17, 2009. See 74 Federal Register 2713.Continue Reading New Rules For Commercial Off-The-Shelf Products Exempts BAA Components And Exempts Recycled Content Reporting Requirement