On June 6, 2024, the U.S. Small Business Administration (SBA) published a direct final rule eliminating self-certification for service-disabled veteran-owned small businesses (SDVOSB) when considering contracts for agency...more
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
6/6/2024
/ Breach of Contract ,
Construction Industry ,
Contract Terms ,
Cybersecurity ,
Damages ,
DFARS ,
Equitable Relief ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hackers ,
Prime Contractor ,
Security and Privacy Controls ,
Subcontractors ,
Summary Judgment ,
Supply Chain
On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting...more
On January 29, 2024, the Biden administration announced a series of pay equity and transparency initiatives. One initiative comes in the form of a proposed rule to amend the Federal Acquisition Regulation (FAR) to (1)...more
2/1/2024
/ Anti-Retaliation Provisions ,
Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Solicitation ,
Hiring & Firing ,
Job Ads ,
Pay Equity Laws ,
Professional Services Contract ,
Proposed Rules ,
Salary/Wage History ,
Service Contract Labor Standards (SCLS) ,
Subcontractors ,
Transparency
The Department of Defense (DoD) delivered its proposed Cybersecurity Maturity Model Certification Program rule (CMMC) the day after Christmas this year, including several related guidance documents (listed here). The proposed...more
1/2/2024
/ Certification Requirements ,
Comment Period ,
Controlled Unclassified Information (CUI) ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Proposed Rules ,
Subcontractors
Government contractors often "flow down" contract clauses from the Federal Acquisition Regulation (FAR) and its supplements to their subcontractors, including clauses related to changes (e.g., FAR 52.243-1) and excusable...more
In recent years, we have seen statutory and regulatory exclusions from federal contracting of various entities and their goods and services happening outside the normal suspension and debarment process, the most notable being...more
One of the primary benefits of the federal government’s Other Transaction Authority (OTA) is that it avoids delays, regulatory burdens, and expenses associated with the Federal Acquisition Regulation (FAR) and agencies’ FAR...more
Several years after initially proposing the rule and receiving feedback from federal contractors and a prominent government contracting scholar, the Federal Acquisition Regulatory Council recently released a final rule...more
Teaming agreements are a common, beneficial, and sometimes necessary way for industry to come together and meet the federal government’s needs. But the devil is in the details. A recent decision from the U.S. District Court...more
12/2/2022
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FEMA ,
Fraud ,
General Services Administration (GSA) ,
General Solicitation ,
Joint Venture ,
Material Misrepresentation ,
Misrepresentation ,
Partnerships ,
Prime Contractor ,
Subcontractors ,
Teaming Agreements