Latest Articles

Linda McMahon, former chief executive officer of World Wrestling Entertainment, was confirmed by the Senate on February 14, 2017, to lead the Small Business Administration (SBA). It’s expected her work will revolve around growing jobs. Whether or not she’s able to body slam that task into submission, it is yet to be seen how the SBA, under her leadership, will attempt to achieve its pre-existing goals.…
Entering into business with the U.S. Government provides companies, including those in the automotive industry, with the opportunity to expand their business base, with tremendous potential. Even with ongoing budget cuts, the U.S. Government continues to spend a significant amount of money each year procuring goods and services. In fact, federal procurement spending on goods and services through contracts and grants exceeded $500 billion in fiscal year 2016. Moreover, the U.S. Government procures a wide variety…
U.S. General Services Administration (GSA) Multiple Award Schedule (MAS) contracting provides commercial contractors with considerable opportunities to sell their products and services to a wide array of federal government customers, as well as some state and local government agencies, on an expedited and streamlined basis. Indeed, government acquisitions through all of GSA MAS contracts total about $50 billion a year, representing 10% of overall federal contract spending.…
The Small Business Administration (“SBA”) issued a finale rule, on September 14, 2015, implementing Section 825 of the National Defense Authorization Act for Fiscal Year 2015 to allow the federal government to issue sole source awards to Women-Owned Small Businesses (“WOSBs”) and Economically Disadvantaged Women-Owned Small Businesses (“EDWOSBs”). WOSBs and EDWOSBs in manufacturing should take advantage of these new contracting opportunities reserved for these types of businesses, which will take effect on October 14, 2015.…
The Small Business Administration (“SBA”) issued a finale rule, on September 14, 2015, implementing Section 825 of the National Defense Authorization Act for Fiscal Year 2015 to allow the federal government to issue sole source awards to Women-Owned Small Businesses (“WOSBs”) and Economically Disadvantaged Women-Owned Small Businesses (“EDWOSBs”). WOSBs and EDWOSBs in the automotive industry should take advantage of these new contracting opportunities reserved for these types of businesses, which will take effect on October…
Many automotive suppliers do not consider themselves federal government contractors because they only sell goods and services to the major OEMs and not directly to the federal government. However, purchase orders with OEMs or other customers that incorporate by reference Federal Acquisition Regulation (“FAR”) clauses, FAR agency supplemental clauses, or other federal government contracting laws and regulations will obligate your company to comply with the government-unique requirements incorporated by reference therein. These FAR and FAR agency…
This post is co-authored by Tamara Jack of LMI.   Federal government contractors, especially those in the manufacturing sector, continue to experience the economic impact of budget cuts, decreased federal spending, and increased regulatory requirements. Nonetheless, the federal government continues to be one of the largest consumers in the country, spending more than $500 billion annually on procuring goods and services. Below we have summarized the key trends in government contracting in the areas of…
Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition Regulation (FAR) and FAR agency supplemental clauses. A “subcontract” is broadly defined in FAR 44.101 as any contract “entered into by a subcontractor to furnish supplies or services for performance of a prime contract or subcontract. It includes but is not limited to purchase orders,…
Under a final rule effective August 27, 2013, small businesses, including those in the automotive industry, that willfully misrepresent their small business size status for the purpose of soliciting or obtaining a federal government contract or other federal funding, will face additional harsh penalties. Given these new penalties for small business size status misrepresentations, all small business concerns conducting business with the federal government should consult with legal counsel to obtain a legal opinion confirming…