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USAID’s Proposed AIDAR Clause Protects Children from Sexual Exploitation and Abuse

The proposed clause will require USAID contractors to develop new standards, policies, or procedures designed to protect children from sexual exploitation. The Agency for International Development Acquisition Regulation...more

Proposed FAR Clause Prohibits the Use of Compensation History in Hiring and Requires That Federal Contractors and Subcontractors...

If implemented, the proposed rule will have wide-reaching implications for how federal contractors and subcontractors conduct hiring. The proposed rule prohibits contractors and subcontractors from seeking applicants’...more

The Looming Government Shutdown—What Contractors Can Do to Prepare

A government shutdown at the end of the month could significantly impact contractors. This alert provides practical guidance to help minimize the impact. Communicate with your contracting officers early and often to...more

Further Divergence in COFC and GAO Protest Decisions

The U.S. Court of Federal Claims issues another decision highlighting a growing divergence in case law between the Court and the Government Accountability Office. COFC rejects GAO precedent for determining whether...more

Biden Administration Proposes Significant Increases to Buy American Domestic Content Requirements – Takeaways for Contractors and...

On July 30, 2021, the Biden Administration published a Proposed Amendment to the Federal Acquisition Regulation (FAR) (Proposed Rule) that, among other things, would impose significantly increased U.S. content requirements...more

No Clear Answer to Address New Executive Order’s Effect on Recently Issued Buy American Regulations

President Biden issued a new Executive Order concerning Buy American regulations less than a week after the FAR Council finalized a rule that increased domestic content requirements. President Biden’s Executive Order...more

President Biden Issues Order on “Made in America Laws”

On January 25, 2021, President Biden issued Executive Order (E.O.) 14005 to implement the President’s domestic sourcing and manufacturing policy agenda by tightening federal procurement and contracting requirements and...more

Substantial Transformation of the FAR Trade Agreements Clause

The Court found the disqualification of an offeror from a pharmaceutical procurement was in error based on a U.S. Customs and Boarder Protection (CBP) interpretation of the Trade Agreements Act of 1979 (TAA)....more

Court of Federal Claims Clarifies Limits of Task Order Protest Jurisdiction

Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract. The COFC generally is barred by statute from hearing bid protests in connection with the issuance of...more

GAO Highlights Responsibility Exception to “Late Is Late” Rule

Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents. The FAR “late is late” rule requires rejection of untimely filed proposal...more

FAR’s Professional Compensation Clause and Keeping Things Real

Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts. An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more

Defenders of the Debriefing

New DoD rules enhance contractors’ post-award debriefing rights. New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more

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