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Changes to Commercial Item Contracting

By: Kevin Taylor

Published Date: February 23, 2023

The FAR Council has recently published two changes to commercial item contracting that clarify the definition of commercial services and simplify commercial item determinations (“CIDs”) for contracting officers (“COs”). Since the 1990s, the federal government has encouraged the purchase of commercial items to ease the regulatory burden on vendors who have not previously conducted federal business, encourage innovation, and lower [...] Read More

Inflation Relief for DoD Contractors Under FY23 National Defense Authorization Act

By: Michael C. Zisa, Abby Bello Salinas

Published Date: February 16, 2023

The 2023 National Defense Authorization Act (NDAA FY23) signed into law by President Biden on December 23, 2022, includes a provision authorizing the Secretary of Defense to issue modifications for fixed-price contracts impacted by increased costs due to inflation. Up until now, Department of Defense (DoD) contractors have attempted to mitigate inflation-related costs with existing tools such as Economic Price [...] Read More

Veteran-Owned Small Business Concerns and Service-Disabled Veteran-Owned Small Business Concerns Seeking Public Procurement Contracts Have New Certification Requirements

By: Jennifer Harris, Timothy D. Matheny, Abby Bello Salinas

Published Date: January 26, 2023

Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) will be required to obtain Small Business Administration (SBA) certification to participate in any federal government agency VOSB or SDVOSB sole source or set-aside prime contracts, effective January 1, 2023. Read more about this new regulation in our alert here. Read More

SBA Reduces Obstacles for Small Businesses Competing for Prime Federal Government Contracts

By: Jennifer Harris, Nick R. Hoogstraten, and Abby Salinas

Published Date: August 26, 2022

When evaluating competitive proposals for federal contracts, Contracting Officers consider price, technical evaluations, and past performance, among other factors. Up until now, many small businesses faced a significant hurdle when it came to past performance. Often small businesses could not compete with more established large businesses because they lacked the minimum relevant past performance required by the solicitation, or their [...] Read More

DoD Issues Guidance on Inflation Adjustments for Contractors

By: Jennifer Harris, Abby Salinas

Published Date: June 16, 2022

The Department of Defense (“DoD”) recently issued a memorandum to contracting officers (“COs”) providing guidance on the use of economic price adjustment (“EPA”) clauses to address inflation-related cost increases. The memorandum, entitled Guidance on Inflation and Economic Price Adjustments, comes as the year over year inflation rate rose to 8.6% for the month of May and contractors with fixed-price contracts [...] Read More

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