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Changes in suspension and debarment data reported by the government can provide the American public with substantially more insight into the types of entities (and individuals) excluded through suspensions, proposed debarments, and debarments, including that the overwhelming majority of excluded companies are small businesses.  These changes likely show that more than 90 percent of the businesses excluded by the Department of Defense in Fiscal Year 2016 were small businesses. In this blog post we discuss the current counting method used by the government, and present a revised counting method using recently completed Fiscal Year 2016 exclusion statistics to understand the current state of the government’s suspension and debarment system in a more nuanced way.

Current Counting Method

The statistics reported by the Interagency Suspension and Debarment Committee (ISDC) in the annual ISDC Report cover only total numbers of suspensions, total proposed debarments, and total debarments.  This presentation could easily confuse readers because the aggregated data conceivably “triple counts” exclusions in a given year.  For example, a single individual or company may be suspended, proposed for debarment, and debarred in a given year and the ISDC Report would count that as three (3) separate actions.
Continue Reading State of Suspension/Debarment: FY2016 Statistics and the Impact on Small Businesses

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The goal of the limitation on subcontracting requirement is to ensure that a certain amount of work is performed by a small business concern (SBC) when it qualifies for a small business program set-aside or sole source procurement due to its socioeconomic program status. SBA’s final rule, Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, implements numerous changes to this requirement contained in the National Defense Authorization Act of 2013 (FY2013 NDAA).  This rule becomes effective June 30, 2016. However, changes to the parallel FAR requirements are still needed for regulatory consistency and implementation.
Continue Reading The SBA Final Rule Implementing the FY2013 NDAA Part I: SBA Overhauls the Method for Calculating Compliance with the Limitation on Subcontracting Requirement

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Will it be more of the same for government contractors in 2016? Can contractors expect increased oversight, intense competition, new regulations, and consolidation? On Thursday, January 14, Crowell & Moring will be hosting a webinar to discuss the likely trends in the coming year. Topics to be covered include: cost, commercial items, update on Executive

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Congress v. White House – who will win the fight?  As they duke it out on policies and legislation that will impact government contractors, our legal team will help you identify vulnerabilities as well as possible opportunities.  We will cover a variety of topics, including:

  • The New Fair Pay and Safe Workplaces Executive Order
  • Developments

My colleagues in the Government Contracts Bar and I get asked all the time “how do I find the right lawyer for my growing government contracting company?”  This is a challenging, gut-wrenching question that entrepreneurs and executives agonize over.  A lot rides on the decision.  Are you ready to move to the next level?  Graduating