This week’s episode covers the interim FAR provision that prohibits the presence or use of TikTok on certain types of contractor IT, the updated version of the National Artificial Intelligence Research and Development Strategic Plan, and a Court of Federal Claims decision involving the awardee’s failure to maintain its SAM registration during the proposal evaluation
SAM
Check Your SAM Registration Early and Often
Federal contractors must be registered on SAM.gov to be eligible for award of federal contracts. Failure to do so can have significant consequences, as the recent U.S. Court of Federal Claims (CFC) decision in Myriddian, LLC v. United States, No. 23-443 makes clear.
In Myriddian, the Centers for Medicare & Medicaid Services (CMS)…
New Rule Requires Contractors to Report Data for DoD Service Contracts in SAM
On July 9, 2021, the U.S. Department of Defense (DoD) published a Final Rule to require contractors to report data in the System for Award Management (SAM) on an annual basis when they are awarded a DoD contract or task order that: (1) is valued in excess of $3 million, and (2) is for logistics…
Administrative Relief for USAID Grant Recipients and Applicants Impacted by COVID-19
On March 19, 2020 the Office of Management and Budget (“OMB”) issued Memorandum M-20-17, “Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations.” The memorandum details the administrative relief available to an expanded scope of grant recipients and applicants, both…
OMB Issues Additional Guidance to Grant Recipients
As signaled as a possibility in its March 9, 2020 guidance in Memorandum M-20-11, the Office of Management and Budget (OMB) issued Memorandum M-20-17 on March 19 to provide short term administrative, financial management and audit relief from the 2 CFR Part 200 Uniform Guidance requirements to a broader scope of recipients of grants…
OMB Releases Guidance on Contract Performance Issues Impacted by COVID-19
On March 20, 2020, the Office of Management and Budget (“OMB”) released guidance to agencies heads on managing federal contract performance issues impacted by COVID-19 [Linked here: M-20-18]. The memo and attached Frequently Asked Questions (“FAQs”) focus on the following main issues:
Telework: agencies are encouraged to maximize telework for contractor employees, wherever…
OIG Audit Finds Nearly $900 Million in SDVOSB Set-Aside Contracts Awarded to Ineligible Contractors
In its February 18, 2020 Report, the Inspector General for the U.S. Department of Defense (DoD) concluded that $876.8 million in service-disabled veteran-owned small-business (SDVOSB) contracts were improperly awarded due to a lack of verification by contracting officials. The audit, which was conducted to determine whether DoD awarded contracts to businesses that actually qualified…
Fastest 5 Minutes The Podcast Gov’t Contractors Can’t Do Without
This week’s episode covers SAM news, OTA news, and proposed rules, and is hosted by partner Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.
Listen: Crowell.com | …
After Fraudulent Activity in SAM, GSA Implements New Registration Requirements
The General Services Administration’s (GSA) System for Award Management (SAM) announced its role in an ongoing Inspector General Investigation into alleged, third party fraudulent activity in SAM.
GSA suspects that the alleged fraudulent activity impacted only a limited number of entities. GSA has since notified the affected entities, and deactivated their SAM registrations. GSA also required these entities to validate and confirm their registration and bank account information in SAM before reactivating their SAM registrations.Continue Reading After Fraudulent Activity in SAM, GSA Implements New Registration Requirements
C&M Publishes Article in BNA Federal Contracts Report on Whether the Exclusion Archives on SAM.gov Violate Contractors’ Liberty Interests
The suspension and debarment regulations at Federal Acquisition Regulation (FAR) Subpart 9.4 are focused on the present responsibility of a contractor. Yet, the records of past, inactive exclusions are available for public view in perpetuity on the System for Award Management website (SAM.gov). In a recent article (linked here) published in BNA’s Federal Contracts …