News

DOD GUIDANCE ON INFLATION AND EPA

The current economic environment requires we understand the impacts of inflation to existing contracts and consider various approaches to manage risk of inflation to prospective Department of Defense (DoD) contracts. Take a look at the guidance on inflation and economic price adjustments from the DoD themselves.

FEDERAL-AID HIGHWAY CONSTRUCTION CONTRACTORS ANNUAL EEO REPORT

Annual EEO Report (Form FHWA-1391) is required by law and federal regulation (23 USC 140a and 23 CFR Part 230). Form 1391 is an annual Report provided each year by contractors who work on federal-aid highway projects during the month of July. If a contractor performs work at any point during the month of July they are required to file a Form FHWA 1391. Contractors who do not work during the month of July on a federal-aid highway project are not required to file FHWA 1391.

The instructions for filing the FHWA Form 1391 for the 2022 Construction Season have been posted. Read through the instructions carefully as the procedures for producing this report have changed.

VETERAN CERTIFICATION

We are one month closer to the transfer of the Department of Veterans Affairs’ (VA) Center for Verification and Evaluation (CVE) to the SBA. Effective January 1, 2023, all functions of the CVE will be managed by the SBA.

As we near the transfer date, please review the following scenarios and take the necessary steps to ensure a smooth transition:

If you are a self-certified SDVOSB and you are currently doing business with the government or you’re interested in pursuing work with the government in the near future, you will need to become certified in order to do business with the government once the transfer is effective on Jan. 1, 2023. Please consider getting certified through the VA now. Your VA certification will then transfer over to the SBA on Jan. 1, 2023. If not, you will have a one-year grace period after the transfer date to become certified through the SBA. Please start the VA process here: https://vetbiz.va.gov/vip/
If you are a VOSB or SDVOSB certified through the VA and your certification is within 120 days from expiration between now and December 2022, please recertify with the VA now before the transfer is complete. Follow instructions provided in reminder emails from the VA.
If you are a VOSB or SDVOSB certified through the VA and you’re not up for recertification soon, no action is required. Your status will transfer to the SBA.

Lastly, please join us for the next public briefing on the CVE transfer which will take place during the Advisory Committee on Veterans Business Affairs on Thursday, June 2, 2022, at 9 a.m. ET. To join the meeting from your computer, go to https://bit.ly/JuneACVBA or dial-in by phone at 202-765-1264 and enter code 147 026 343#.

BUY AMERICAN RULES ARE CHANGING

On March 7, 2022, the FAR council published FAR Rule 2021-008, which included substantial and complex changes to the requirements of the Buy American statute. FAI has created a five-minute micro-learning video to help contracting professionals understand the changes which take effect on Oct. 25, 2022. In addition, GSA has developed decision trees to assist in further understanding the new process. You can also review the Federal Register Notice for the complete details about FAR Case 2021-008.

SAM.GOV NEWS

SAM is 100% free to all users. Contact a PTAC advisor for assistance with SAM registration.

30-Day Extensions for Entity Registration Renewals

Last month, the new Unique Entity ID generated in SAM.gov became the official, governmentwide identifier used for federal awards. To continue to help users during the transition, there will be an automatic, 30-day extension for any existing SAM.gov entity registrations needing to be renewed with an expiration date ranging between Friday, April 29, 2022, and April 28, 2023. No action is required on the part of entity registrants. Learn more!

Transition from the DUNS Number to the SAM Unique Entity ID

All entities need an identifier for federal awards processes. On April 4, 2022, that identifier is changing from the DUNS Number to the Unique Entity ID (SAM), issued by SAM.gov.

SAM.gov will be down for maintenance to complete the transition beginning on April 1 at 8:00 PM (ET) until no later than 9:00 AM (ET) April 4.

March 29 is the last day to obtain a new DUNS Number from Dun & Bradstreet for registering an entity or getting a Unique Entity ID (SAM). After April 4, 2022, entities will go to SAM.gov, not Dun & Bradstreet, to obtain their Unique Entity ID (SAM). April 1 is the last day you can use a DUNS Number to get a Unique Entity ID (SAM) or register an entity in SAM.gov. Save all work in progress in SAM.gov before 8:00 PM (ET) on April 1, 2022, to ensure it will be available on April 4.

No later than 9:00 AM on April 4, SAM.gov will be back online. DUNS Numbers will no longer be displayed in Integrated Award Environment systems or accepted for entity registration. The Unique Entity ID (SAM) will be the identifier of record.

Learn more about the transition from the DUNS Number to the Unique Entity ID (SAM) here.

About SAM.gov

The IAE facilitates the federal awards processes in multiple online systems, including the SAM. Those systems are used for registering to do business with the federal government, listing contract opportunities, capturing contractor performance, viewing contract data, searching assistance listings, reporting subcontracts, and more.

REGIONAL NEWS

The Department of the Air Force’s new weapon system, the Ground Based Strategic Deterrent, has officially been designated the LGM-35A Sentinel. Secretary of the Air Force Frank Kendall approved the designation for the system that modernizes the ICBM leg of the Nation’s nuclear triad. “Our Nation’s nuclear deterrent force, two legs of which is operated by Airmen, has quietly provided a strategic security shield for decades,” Kendall said. “All that time, the Department of the Air Force has kept the watch; always vigilant and ready. The name Sentinel recognizes the mindset that thousands of Airmen, past and present, have brought to the deterrence mission, and will serve as a reminder for those who operate, secure, and maintain this system in the future about the discipline and responsibility their duty entails...”

The Defense Department's industrial policy doesn't involve five-year plans or a command economy approach, but instead believes market signals and clear investment priorities can unlock the power of American entrepreneurship, technological breakthroughs and individual achievement. See what the Deputy Secretary had to say about supporting DoD's National Security Priorities.

Most businesses must be registered and in good standing with the Secretary of State. Secretary of State registration and reporting requirements vary by business type. Since state agencies must ensure that vendors have complied with the Secretary of State and Business License requirements stated in the solicitation, learn additional information when it comes learning how to bid.

The Department of the Air Force awarded an Engineering and Manufacturing Development contract for the Ground Based Strategic Deterrent (GBSD) intercontinental ballistic missile (ICBM) program to Northrop Grumman on Sept. 8, 2020. The contract award of $13.3 billion is an investment in enhancing the United States’ nuclear deterrence, as it is the cornerstone of national security policy and fundamental in continued protection for the U.S. and its allies. "Modernizing the nuclear....

CYBERSECURITY

Contractual Remedies to Ensure Contractor Compliance with Defense Federal Acquisition Regulation Supplement Clause 252.204-7012

Important information about contractor cybersecurity requirements for companies doing business with the Department of Defense. If you have a contract containing Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012 “Safeguarding Covered Defense Information and Cyber Incident Reporting”, contracting officers are required to verify, prior to award, the contractor has the summary level score of a current NIST SP800-171 DoD Assessment for that system posted in SPRS. See a copy of a DoD letter dated June 16, 2022 that further discusses the requirements.

Algorithmic Warfare: Industry — ‘Don’t Wait’ for CMMC Accreditation

The updated version of the cybersecurity framework — which was revamped to be more streamlined and less expensive for companies — will not be a contractual requirement until the Pentagon completes a rulemaking process in the Code of Federal Regulations and Defense Federal Acquisition Regulation Supplement, which can take up to two years. See why you should not wait to engage in CMMC and get certified.

Pentagon Unveils CMMC 2.0 Cybersecurity Plans

The Pentagon is launching a revamped version of its Cybersecurity Maturity Model Certification requirements, a far-reaching initiative with major implications for defense contractors. The CMMC program is an effort to prod the defense industrial base to better protect its networks and controlled unclassified information against cyberattacks and theft by competitors such as China. Read into the key changes made to the plan.

Colonial Pipeline Didn’t Have Multifactor Authentication in Place—And Most Defense Contractors Don’t Either

Most businesses don’t take cybersecurity seriously until it’s too late. Certainly, we shouldn’t be blaming the victims of cyberattacks. Even organizations with the best security can fall victim. But Colonial Pipeline didn’t have multifactor authentication in place on the account that was ultimately the weak point that hackers exploited. See why them not having such a basic precaution should raise a lot of alarm bells.