Government Contracts Legal Blog

Could Your Business Survive Debarment from Government Contracts?

Posted by Dan McAuliffe on Jan 18, 2018 9:41:31 AM

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Suspensions, Proposed Debarments and Debarments are used by agencies to protect themselves from irresponsible contractors. 

Federal Acquisition Regulation (FAR) Part 9.4 directs agencies to solicit offers, award contracts and consent to subcontracts only with responsible contractors.  The process for suspension and debarment is left to agency discretion.  The rule results from the efforts of the Office of Management and Budget to combat waste, fraud and abuse in the 1980s.  Suspension and debarment used to be referred to as “blacklisting.”  The   rule follows court decisions laying a constitutional foundation for a debarment process and contains procedural and substantive requirements for initiating action and issuing decisions. 

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Topics: Government Contracting

Can the IRS Take Your Passport for Unpaid Taxes?

Posted by Joseph Whitcomb on Jan 15, 2018 2:27:00 PM

On December 4th, 2015, the United States Congress passed the Fixing America’s Surface Transportation (FAST) Act. Soon after, the legislation was signed into law by President Barack Obama. As is the case with many large transportation bills, this bill contained provisions that affected many unrelated areas of law.

Most notably, the FAST Act contained a tax provision that has major consequences for those who owe a lot money to the Internal Revenue Service (IRS): If you have seriously delinquent tax debt, the United States federal government may now be able confiscate your passport. Here, our top-rated Colorado tax law attorneys explain when tax debt can cost you your U.S. passport.

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Topics: Tax Law

4 Tax Considerations to Keep in Mind When Selling Your Business

Posted by Joseph Whitcomb on Jan 14, 2018 8:45:00 AM

Selling a small business is complicated. There are many different things that you will need to consider in order to ensure that your legal rights and financial interests are adequately protected. Depending on the circumstances surrounding your specific small business, there is a chance that you could face a large tax bill as a result of the sale.

The good news is that with proper planning and skillful guidance from an experienced Colorado tax attorney, it is possible to minimize your total tax exposure.

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Topics: Tax Law

3 Ways that the New Tax Plan Could Affect You

Posted by Joseph Whitcomb on Jan 10, 2018 8:25:16 AM

As reported by Fox 31 Denver, GOP leaders in the House of Representatives recently revealed key details of their tax reform plan. While this tax plan may not be signed into law, at least in its current form, it has already passed an important procedural vote. While this bill overhauls key elements of the corporate tax code, it also affects individuals.

As such, all American taxpayers should have a basic understanding of how this plan might impact their wallets. Here, our experienced Denver tax law attorneys highlight some of the key provisions and policy changes contained within the latest GOP tax reform legislation.

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Topics: Government Contracting

Mergers and Acquisitions

Posted by Joseph Whitcomb on Oct 6, 2017 2:09:11 PM

 

Government Contract Legal Issues with

Mergers and Acquisitions

 

Government contractors have significantly increased mergers & acquisitions activity in recent years. A stream of recent stories in the Washington Post and New York Times has documented this. The acquisition of a business that has earned a government contract frequently provides the buyer an opportunity to increase its market share and strengthen its capabilities within an existing industry. The addition may also allow the new parent company to expand their portfolio to market and develop a new government contracting capability that was previously not available.

 

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Topics: Government Contracting

Covered Defense Information

Posted by Joseph Whitcomb on Oct 3, 2017 1:15:20 PM

New Guidance Issued by Department of Defense Regarding Cybersecurity Regulations for All Defense Contractors

A new clause in the Defense Federal Acquisition Regulations Supplement was added on 9/17/2017; DFARS 252.204-7012 - It describes how Covered Defense Information (CDI) must be protected inside the contractor's system(s) and their use of the cloud. This is a new clause for government procurement personnel and contracting officers, issued by the Office of the Under Secretary of Defense.

Many U.S. defense contractors, especially small and medium-sized businesses have been struggling with the strict regulations that are designed to protect Covered Defense Information (CDI). This new category of information refers to unclassified information that is considered sensitive. This new clause is now included in all DoD solicitations other than Commercial-Off-the-Shelf (COTS) Procurements. It stipulates that all defense contractors who handle CDI must be compliant with the wide-ranging set of security controls including all of the requirements prescribed in the NIST Special Publication 800-171; "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations." Compliance must be met no later than December 31, 2017. (More details and resource links are available at www.eresilience.com/dfars-7012)

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Topics: Government Contracting

The HUBZone Unification and Business Stability Act of 2017

Posted by Dan McAuliffe on Sep 29, 2017 8:21:43 AM

The federal government has never been able to achieved its goal of awarding 3% of government contracts to HUBZone-certified businesses. The program's participation has dropped off since the redesignation of HUBZone areas by the 2010 decennial census. Some newly introduced legislation seeks to revitalize the U.S. Small Business Administration's (SBA) Historically Underutilized Business Zone (HUBZone) Program.

Click HERE for the SBA HUBZone Map

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Topics: Government Contracting

Hurricane Recovery Contractors Recieve Emergency Procurement Authority

Posted by Joseph Whitcomb on Sep 28, 2017 10:47:20 AM

 

Several Federal agencies have implemented the following special emergency procurement authority and temporary national interest exemptions to assist with hurricane relief efforts:


To help streamline and expedite procurements the General Services Administration (GSA) increased several special emergency procurement authority thresholds related to micro-purchases, $20,000 (up from $3,000). An increase of the simplified acquisition threshold was raised to $750,000 ($13 million for commercial items). An increase of the GSA's simplified lease acquisition threshold was increased to $750,000. A GSA memoranda directs contracting officers to give preference to "local firms in the disaster area" and to "limit competition when needed." The threshold increases will remain effective until December 31, 2017, unless otherwise rescinded, modified, or extended.

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Topics: Government Contracting

New Privacy Act Training Rules for Federal Contractors

Posted by Joseph Whitcomb on Sep 26, 2017 8:13:03 AM

Federal government contractors must comply with new Privacy Act training procedures due to a final rule passed by the United States Department of Defense, General Service Administration, and National Aeronautics and Space Administration. Federal contractors are now required to meet training obligations to address the protection of privacy with the Privacy Act of 1974 and the handling and safeguarding of personally identifiable information. These new regulations became effective on January 19, 2017. To make sure that an individual is in full compliance with these rules, it is often a good idea to contact a knowledgeable government contracts attorneywho can help to make sure that you are in full compliance.

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Topics: Government Contracting

NAICS Code Appeal

Posted by Joseph Whitcomb on Sep 25, 2017 10:01:52 AM

 

NAICS Code Appeal of The Bionetics Corporation

SBA No. NAICS-5829 (2017)

 

This case concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. The Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA) oversee the administration of the Small Business Act. The SBA uses size standards and the North American Industry Classification System (NAICS) to define what qualifies as a small business. 

The Background of an NAICS Code Appeal

On April 13, 2017, the Department of the Navy, Naval Air Systems Command (Navy), submitted a request for “maintenance, repair, and overhaul services for the Fleet Readiness Center Aviation Southeast (FRCSE).” The Contracting Officer (CO) reserved this request for small businesses and classified as NAICS code 488190, under the category of “Other Support Activities for Air Transportation” and carrying a $32.5 million size standard.

 

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Topics: Government Contracting

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Whitcomb Law, PC is dedicated to helping government contractors extract all the benefits that can be derived from doing business with federal, state, and local governments.  We strive to provide content on this blog that is up-to-date, relevant, and easy to read.  We enjoy reading your feedback especially when it helps us improve the way in which we serve you.

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