News & Analysis as of

Subcontractors Federal Acquisition Regulations (FAR)

PilieroMazza PLLC

What DOD’s Proposed Changes to its Prototype OT (Other Transaction) Agreements Regulations Mean for Defense Contractors

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On September 4, 2024, the Department of Defense (DOD) issued a proposed rule to update regulations related to other transaction (OT) agreements[1] to implement congressional changes in the statutory authority for prototype...more

Paul Hastings LLP

U.S. Department of Defense Set to Implement Its Cybersecurity Maturity Model Certification Program With Publication of New Rule

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On October 15, 2024, the Department of Defense (“DoD”) published the final version of its rule implementing the Cybersecurity Maturity Model Certification (“CMMC”) Program under Title 32 of the Code of Federal Regulations...more

PilieroMazza PLLC

SBA Proposed Rule’s Potential Adverse Impacts on Small Business IT Value-Added Resellers

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In August, SBA proposed new rules on a wide range of topics. Some of the proposed rules, like the significant changes to the recertification rules that we blogged about, have been getting most of the headlines so far. The...more

BakerHostetler

CMMC Barrels Closer to Implementation with Latest Proposed Rule Establishing DFARS Contract Clauses

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Cybersecurity Maturity Model Certification (CMMC) is coming — and now appears to be coming faster than many defense contractors believed. In the latest signal of CMMC’s forward momentum, the Department of Defense (DoD) issued...more

Woods Rogers

DOD’s CMMC 2.0 Program Takes Step Forward with Release of Contract Rule Proposal

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The United States Department of Defense (DoD) took another big step on the path to instituting its highly anticipated Cybersecurity Maturity Model Certification 2.0 program (CMMC 2.0). Once finalized, CMMC 2.0 will establish...more

Proskauer - Government Contractor Compliance...

FAR Council Proposes Rule Requiring Contractors to Identify Subcontractors and Report Subcontractors’ Executive Compensation...

On May 24, 2024, the Federal Acquisition Regulation (“FAR”) Council published a Notice and request for comments for 9000-0177, Reporting Executive Compensation and First-tier Subcontract Awards. If approved, the new FAR...more

PilieroMazza PLLC

Prepare to (Semi)Conduct Your Due Diligence! Proposed Rule to Prohibit Certain Semiconductor Products and Services

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Whether you’re aware or not, semiconductors are part of a vast variety of electronics. Semiconductors appear in items ranging from smartphones to pacemakers. The Federal Acquisition Regulatory Council (FAR Council) issued an...more

American Conference Institute (ACI)

CMMC 2.0 and FOCI Assessments: Preparing for What Lies Ahead

Defense contractors and subcontractors that handle Controlled Unclassified Information (CUI) and do not have robust information-security system controls in place better get their house in order now if they want to do business...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – July 2024

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Department of Defense (DOD) Final Rule: Defense Federal Acquisition Regulation Supplement (DFARS), Architect and Engineering Service Fees - On June 27, DOD published a final rule updating the DFARS increasing the fee limit...more

Cozen O'Connor

Federal Judge Blocks Portions of Department of Labor Rulemaking on Davis-Bacon Act

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On Monday, June 24, 2024, a federal judge for the US District Court for the Northern District of Texas (the Court) instituted a nationwide injunction on the enforcement of portions of the US Department of Labor’s (DOL) 2023...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2024 #3

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Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe) As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed....more

PilieroMazza PLLC

Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe)

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As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed. This rapidly expanding procurement need presents great opportunities for businesses—both small...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2024 #2

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Small Business Administration (SBA) Direct Final Rule: Eliminating Self-Certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) - On June 6, SBA published a direct final rule amending its SDVOSB...more

Fenwick & West LLP

A Reminder for Defense Innovators: Comply with Supply Chain Requirements in DoD Prime and Subcontracts

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U.S. Attorney Nikolas P. Kerest recently highlighted the severity of fraud by government contractors and subcontractors, emphasizing the importance of upholding the integrity of government procurement programs. These remarks...more

Schwabe, Williamson & Wyatt PC

SBA Proposed Rule and its Impact on Alaska Native Corporations

The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulations (FAR) that will align the FAR with regulatory...more

Venable LLP

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

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When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more

Dunlap Bennett & Ludwig PLLC

CMMC 2.0: Level One: A Self-Assessment

As we promised a trilogy in our earlier 2024 CMMC Blog – “Get Ahead of Compliance: The Proposed Rule for the Cybersecurity Maturity Model Certification (CMMC 2.0) Is Out!” – we continue our series with a discussion of each...more

DirectEmployers Association

FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially Executive...

The FAR Council published a Notice seeking public comments regarding its request to obtain approval from the Office of Management and Budget (“OMB”) of the “reinstatement” of a previously approved Information Collection...more

PilieroMazza PLLC

Question the Questions and the Answers: Bid Protest Decision Highlights Need to Clarify Ambiguities Prior to Bidding

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Many solicitations for government contracts provide prospective contractors with the opportunity to ask questions. In some instances, the government’s answers to those questions create additional questions. When that’s the...more

DirectEmployers Association

DE Under 3: FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially...

Wild times ahead! Listen as Candee and John discuss a recent notice issued by the FAR Council, asking OMB for permission to collect certain information from federal contractors about their first-tier subcontractors and put it...more

PilieroMazza PLLC

Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)

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In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR Council published a new final rule (Rule), primarily addressing sustainability practices and...more

McDermott Will & Emery

Proposed Federal Contractor Rule Will Impose Pay Equity and Transparency

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There are proposed amendments to the Federal Acquisition Regulation (FAR) that will change employment practices for federal contractors in two ways. First, these amendments will prohibit federal contractors from seeking and...more

Morrison & Foerster LLP

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more

Bass, Berry & Sims PLC

New Rule Requires Agencies to Procure Sustainable Products and Services

On April 22, the Department of Defense, General Services Administration, and National Aeronautical and Space Administration (NASA) promulgated a final rule amending the Federal Acquisition Regulation (FAR) to implement an...more

PilieroMazza PLLC

Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?

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In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint...more

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