Sequels are rarely better than the films that precede them, and yet, sometimes a story is just too compelling to be limited to just one film. At the tail end of a summer full of Hollywood sequels, the Department of Defense...more
Just in time for the season of new backpacks, lunch boxes, and school supplies, the Office of Management and Budget (OMB) has assigned some homework to contractors looking to participate in Federal financial assistance...more
9/7/2023
/ Build America Investment Initiative ,
Buy America ,
Code of Federal Regulations (CFR) ,
Construction Project ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
For-Profit Corporations ,
Infrastructure ,
Made in the USA ,
Manufacturers ,
Material Suppliers ,
OMB ,
Proposed Rules ,
Suppliers ,
Supply Chain
On June 2, 2023, the FAR Council issued an Interim Rule to implement the prohibition on having or using TikTok or any successor application or service developed or provided by ByteDance Limited (covered application)....more
7/17/2023
/ China ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Mobile Apps ,
Mobile Devices ,
National Security ,
OMB ,
Subcontractors ,
Supply Chain ,
TikTok
Approximately 15 months ago, on November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), commonly known as the Bipartisan Infrastructure Law. The IIJA is one of the Biden...more
In 2006, the documentary An Inconvenient Truth chronicled former Vice President Al Gore’s efforts to educate the public on the consequences of climate change. In the sixteen years since the Academy Award-winning film was...more
Small businesses that rely on the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs to fund their research and development projects were left on the edge of their seats this...more
A major pillar of President Biden’s campaign was strengthening the Buy American requirements in procurement law, promising both before and after the election that “[n]o government contracts will be given to companies that...more
After 15 months of quarantines, restrictions, and mandatory home schooling, summer 2021 is luring with escape and excitement across the country. We all hope for beach days and reunions with loved ones as we (hopefully)...more
7/27/2021
/ Department of Defense (DOD) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Highway Administration ,
Federal Procurement Systems ,
General Services Administration (GSA) ,
Joe Biden ,
Jones Act ,
Made in the USA ,
OMB ,
Supply Chain
“Now, the next part is very important…”
As scrutiny of domestic preference requirements increases in the wake of the Biden Administration’s Executive Order on Ensuring the Future Is Made in All of America by All of...more
6/14/2021
/ Amtrak ,
Buy American Act ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Infrastructure ,
Joe Biden ,
Policies and Procedures ,
Public Interest ,
Secretary of Transportation ,
Supply Chain ,
Waivers
In the months since President Biden took office, legislators have tried—and thus far failed—to pass legislation raising the federal minimum wage to $15 per hour. While the debate rages on, the Biden-Harris administration has...more
A new administration has moved into the White House, and, as anticipated, President Biden wasted no time in issuing, in the first few days of his presidency, a raft of Executive Orders (EOs) that appear calculated to set the...more
2/9/2021
/ Biden Administration ,
Climate Change ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Equity ,
Executive Orders ,
Federal Contractors ,
Gender Discrimination ,
General Services Administration (GSA) ,
Regulatory Freeze ,
Secretary of Defense ,
Sex Discrimination ,
Supply Chain
On January 25, 2021, President Biden issued a sweeping Executive Order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” (Order), which is intended to be the first step toward fulfilling his...more
1/28/2021
/ Biden Administration ,
Buy American Act ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Made in the USA ,
Manufacturers ,
OMB ,
Suppliers ,
Trade Agreements Act ,
Transparency ,
Trump Administration
On the eve of the inauguration of President Biden, a lingering Trump-era policy finally made its way into the Federal Acquisition Regulation (FAR). On January 19, 2021, the FAR Council issued a final rule implementing changes...more
On January 14, 2021, the Department of Justice released its updated statistics for False Claims Act (FCA) recoveries in FY 2020. The Civil Division reported that it recovered $2.2 billion in settlements and judgments in the...more
Like the sailors of old, the government contracting community ventures forth knowing full well that danger lies ahead – although fortunately not in the form of a kraken, leviathan, or other mythical sea monster. Rather,...more
Although many of us have canceled vacations during this (unusual) year, summer is nevertheless upon us. While we wholeheartedly recommend firing up the grill and enjoying the sunshine in the coming months, companies planning...more
Contracting with the Department of Defense (DoD) can provide healthy opportunities for businesses of all sizes. That said, it is no secret that contractors without the cash resources to finance their performance while...more
On March 31, 2020, the Office of the Under Secretary of Defense for Acquisition and Sustainment issued a memorandum attaching a class Commercial Item Determination (CID) promulgated by the Defense Contract Management Agency...more
As most government contractors are aware, progress payments are a form of contract financing in which the Government pays the contractor based on cost throughout performance of the contract, up to a cap dictated by the terms...more
On Monday, March 23, Massachusetts Governor Charlie Baker issued a State of Emergency Order for Massachusetts (Order). The Order clarifies what businesses are deemed essential and non-essential (discussed in Exhibit A,...more
New Jersey Governor Murphy issued Executive Orders 107 and 108, effective at 9:00 p.m., March 21, 2019, closing non-essential retail businesses operating in the state to the public, requiring all businesses to implement...more
The Interagency Edison (“iEdison”) system is the principal mechanism for preserving rights to title in Government-funded inventions. Its use is now mandatory per 37 CFR 401.16, and we expect FAR 52.227-11, Patent Rights –...more
The Trump administration’s focus on enhancing “Buy American” requirements in federal procurement took a leap forward on July 15, 2019, with the issuance of an Executive Order (EO) on Maximizing Use of American-Made Goods,...more
Changes to the Federal Acquisition Regulation’s (FAR) small business subcontracting rules have been slow in coming, but the FAR Council is finally catching up with the Small Business Administration (SBA) in making regulatory...more
Cough…cough…ahem…cough… Any contractor who has had the misfortune of dealing with the Defense Contract Audit Agency (DCAA) likely knows all too well that the agency is the Will Rogers of costs – it never met a cost it didn’t...more