Government Contracts Report – Week of February 3, 2020

Size Status Calculations Change

The SBA’s final rule changing the size status annual receipts calculations from a three-year averaging period to five years is now effective. There is a transition period through January 6, 2022 whereby concerns may choose whether to use the three-year or five-year calculation method.

OFCCP Updates Compliance Manual

The OFCCP has updated the Federal Contract Compliance Manual, which provides guidance to compliance officers and contractors. Changes include inserting new protected bases (sexual orientation, gender identity, discussing, disclosing, inquiring about compensation) and updating Section 503 and VEVRAA nondiscrimination and affirmative action requirements. You can read the specific updates here.

NASA Proposes Change To Counterfeit Parts Regs

On January 7, NASA proposed amending its acquisition supplement (NFS) to add new language requiring covered contractors and subcontractors “to use electronic parts that are currently in production and purchased from the original manufacturers of the parts, their authorized dealers, or suppliers who obtain such parts exclusively from the original manufacturers of the parts or their authorized dealers” or if they cannot to purchase from a NASA-identified supplier or contractor-approved supplier. The proposed rule indicates that the new NFS language will apply to COTS items, will require reporting but not to the GIDEP, and that costs related to counterfeit or suspect parts or any corrective action related to such are unallowable. Review the proposed rule here.


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.