In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more
3/20/2024
/ Biden Administration ,
Buy American Act ,
Department of Defense (DOD) ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
Proposed Rules ,
Supply Chain
The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This...more
2/16/2023
/ Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Proposed Rules ,
SBA ,
Small Business ,
Subcontractors
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note.
- ASRC Federal Data Solutions LLC
- ESimplicity Inc. v. U.S.
-...more
There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.”
However, what is not so funny for federal contractors and former executive branch...more
On November 8, 2022, the Department of Defense (DOD) issued a memorandum that provides details on a pilot program that allows government contractors owned 100% by an S-corporation employee stock ownership plan (ESOP) to...more
The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1.
This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more...more
The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form...more
In response to industry questions about economic price adjustments for inflation, the Department of Defense (DoD) recently issued Guidance on Inflation and Economic Price Adjustments...more
Section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 contains what is believed to be the first-ever federal government contracting program designed to specifically encourage and benefit...more
The Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) recently proposed a series of noteworthy amendments to the Federal Acquisition...more
10/8/2021
/ Bid Protests ,
Comment Period ,
Department of Defense (DOD) ,
EDWOSB ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NASA ,
Proposed Amendments ,
Small Business ,
WOSB
The Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing...more
In NIKA Technologies v. U.S., the U.S. Court of Appeals for the Federal Circuit recently reversed the holding of the U.S. Court of Federal Claims regarding when the protest-filing clock starts running for a stay of contract...more
A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of Defense’s (DOD)...more
12/14/2020
/ Appeals ,
Bid Protests ,
COFC ,
Construction Contracts ,
Debriefing ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Federal Contractors ,
GAO ,
NDAA ,
Oral Argument ,
US Army Corps of Engineers
The Department of Defense (DoD) continues to enhance cybersecurity requirements in its supply chain. A new rule requires some contractors to assign a numerical score to their current cybersecurity practices. Additionally, the...more
11/13/2020
/ Certification Requirements ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
NIST ,
Reporting Requirements ,
Supply Chain
A recent interim rule from the Department of Defense (DoD) would create a new self-assessment methodology for the cybersecurity requirements in NIST SP 800-171. The same rule also would implement the Cybersecurity Maturity...more
The Federal Acquisition Regulation Council recently released a proposed rule to implement the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order, which was signed by President...more
To “combat the national security and intellectual property threats that face the United States,” section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for FY 2019 (Pub. L. 115-232) prohibits executive...more
We previously reported on a series of issues arising from the CARES Act and Paycheck Protection Program (PPP) that uniquely impact government contractors. We have cautioned that government contractors should be mindful of the...more
We recently wrote about the Department of Defense (DoD) amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring defense contracting agencies to issue sole-source...more
The Department of Defense (DoD) recently issued a formal amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring contracting agencies to issue sole-source...more
We recently reported on a series of Paycheck Protection Program (PPP) issues that uniquely impact government contractors. As we noted, particularly concerning for federal contractors is that agencies may seek credits or...more
The Department of Justice (DOJ) recently announced that it obtained more than $3 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending Sept. 30, 2019.
Notably, DOJ reports that “matters that...more
1/13/2020
/ Anticompetitive Behavior ,
Defense Contracts ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraudulent Procurement ,
General Services Administration (GSA) ,
NASA ,
Settlement Agreements ,
USPS
The Department of Defense (DOD) recently promulgated a final rule limiting the DOD’s ability to use the Lowest Price Technically Acceptable (LPTA) method of procurement. The final rule — which took effect on October 1, 2019,...more
A California federal court recently allowed a relator’s False Claims Act suit against two federal contractors to proceed where the relator’s allegations centered on purported noncompliance with federal cybersecurity...more
For over a year now, federal defense contractors have been required to comply with Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident...more
2/1/2019
/ Contractor Audits ,
Cyber Incident Reporting ,
Cybersecurity ,
DCMA ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Flow Down Clause ,
NIST ,
Popular ,
Subcontractors