Next week – on May 29, 2012 – the Central Contractor Registration system will end. At that time the CCR, the Federal Agency Registration, the Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS), will be transferred into the entirely new System for Award Management, or SAM.
Although some information is available regarding this transition to SAM, the government intends to provide additional information and training materials shortly. Contractors should follow these developments closely. CCR will stop accepting data at 11:59 pm on Wednesday, May 23, 2012 – that is, no new registrations or updates can be submitted using CCR after that time.
Jackson Kelly PLLC is proud to be a part of this year’s “Teaming to Win” conference. Registration is now open for the 22nd annual "Teaming to Win" conference, to be held on May 29-31, 2012 at the Morgantown Convention Center, Morgantown, West Virginia. The conference includes keynote speakers, educational seminars, exhibits and technology demonstrations. Featured speakers include:
U.S. Senator Jay Rockefeller (D-WV)
U.S. Senator Joe Manchin (D-WV)
Rep. David McKinley (R-WV)
Karen G. Mills, Administrator of the U.S. Small Business Administration
West Virginia University President James P. Clements
Dr. Anthony Cugini, Director of the National Energy Technology Laboratory
For government contractors looking for that extra edge, a recently authored column in the State Journal regarding ethics and compliance discusses the current business climate and the cost benefit of maintaining your company’s strong ethical conduct and full compliance with contractual and regulatory requirements. Authored by Jackson Kelly’s Eric Whytsell, the article discusses not only the benefits of these business practices, but also the potential penalties that can be imposed in this new era of aggressive enforcement activities by government. Click here for a full copy of the article.
In a proposal sent to Congress on March 28, 2012, the Department of Defense (DoD) recommended that Congress amend the statutory definition of “commercial item” in 41 U.S.C. §103. A copy of the proposal can be found here. The DoD proposal would alter the current definition by adding two related restrictions.
The U.S. Small Business Administration (“SBA”) size regulations provide that the size of a business concern that has been in business for three or more years is based upon the average annual receipts (“AAR”) of such concern for its three most recently completed fiscal years as of the date of the concern’s self-certification. 13 C.F.R § 121.104(c)(1). The size regulations clarify that a “completed fiscal year means a taxable year,” as defined by the IRS, 13 C.F.R. § 121.104(b), and state that “tax returns or amendments filed with the IRS on or before the date of self-certification must be used to determine the size status of a concern.” 13 C.F.R. § 104(a)(1).
In the event of simultaneous civil and criminal actions involving your company, vigilance is still required to maintain attorney-client privilege. To the extent that you agree to waive the attorney-client privilege for purposes of the Government investigation to garner favor or for another valid reason, remember that such a waiver will likely result in the waiver for any other litigation.