Government Contracts Report – Week Of January 20, 2020

Cyber Essentials Guide

The Cybersecurity Infrastructure Security Agency has released a Cyber Essentials guide of best practices to help small businesses with cybersecurity readiness. All DoD contractors, including small businesses, will be impacted by new cybersecurity rules in 2020. Civilian agencies are likely to follow suit.

Consent to Contract No Longer Required

The FAR Council has recently removed the requirement from FAR clauses 52.219-12 and -17 regarding 8(a) firms obtaining consent to contract due to the SBA removing the requirement from their regulations. Now, contractors participating in the 8(a) program do not have to seek approval from the contracting officer and the SBA to subcontract work on an 8(a) contract.

Limitations on Subcontracting Compliance

The SBA issued a final rule (effective December 30) indicating that contracting officers have the discretion to seek information from contractors to ensure compliance with the limitation on subcontracting clauses for small business set-aside and sole-course awards.

Counterfeit Parts Reporting Requirement

The FAR Council issued a final rule (effective December 23) adding FAR clause 52.246-26. This new rule requires contractors and subcontractors to report counterfeit or suspected counterfeit parts and nonconformances to the Government-Industry Data Exchange Program (GIDEP). The requirements under the new clause apply to contracts with high-level quality standards, for critical items, and for electronic parts for DoD.


Attorney Kristi Morgan AronicaOur government contracts briefs, reports, and articles are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally.