The Armed Services Board of Contract Appeals’ 2023 annual report reveals the lowest number of docketed appeals in 40 years, while at the same time the Board deals with the largest number of motions for summary judgment in...more
Impacted by an acquisition where an unusually high number of protests were filed and sustained, the GAO’s sustain and effectiveness rates increased to 31 and 57 percent, respectively.
The number of filed Government...more
The Department of Homeland Security amended its regulations due to the urgent need to protect Controlled Unclassified Information.
On June 21, 2023, the Department of Homeland Security (DHS or Department) issued a final...more
7/21/2023
/ Controlled Unclassified Information (CUI) ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Federal Contractors ,
Policies and Procedures
The Small Business Administration’s interim final rule will allow many businesses to regain small business status or remain a small business for longer.
The SBA adjusted all its receipts-based size standards for inflation,...more
The Armed Services Board of Contract Appeals’ 2022 annual report provides information of significant interest to the contractor community, but a closer look raises many questions....more
A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements.
In the settlement...more
7/8/2022
/ Corporate Counsel ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
NIST ,
Popular ,
Settlement Agreements ,
Subcontractors ,
Summary Judgment ,
Supply Chain ,
Whistleblowers
A recent DoD memorandum should serve as a warning to contractors that they need to focus on cybersecurity compliance now or risk serious consequences.
A recent DoD memorandum should serve as a warning to contractors that...more
The Small Business Administration’s proposed rule would adopt the latest NAICS revision issued by the Office of Management and Budget, creating 111 new industries by reclassifying, combining or splitting 156 existing...more
The Small Business Administration’s final rule requires a 24-month average to calculate a business concern’s number of employees for eligibility purposes in all of its programs.
The 24-month calculation applies to all...more
The proposed rule would increase the employee-based small business size standards for these industries, allowing many businesses to remain a small business for longer or regain their small business status.
The proposed...more
The final rules increase the receipts-based small business size standards for these industries, allowing many businesses to remain a small business for longer or regain their small business status.
The final rules increase...more
The FAR Council’s final rule makes changes to the Federal Acquisition Regulation that will materialize over the next decade.
Contractors will have until October 25, 2022 to comply with a 60 percent domestic content...more
Contractors docketed only 364 new appeals during FY 2021.
The Board issued an advisory opinion for the first time in its 14-year history.
The Board plans to offer the option to conduct hearings and ADR proceedings...more
The federal government, led by the U.S. Department of Labor, is moving forward on implementing the provisions of President Biden’s Executive Order 14026, which was signed in April 2021. Most new federal government contracts...more
The “new normal” at the ASBCA has produced some interesting results for contractors to consider as they formulate and advance contract claims.
The Board docketed a near record low number of new appeals during FY 2021....more
The Safer Federal Workforce Task Force recently issued guidance that requires the vast majority of prime contractors and subcontractors to ensure that their covered contractor employees, including those working remotely, are...more
9/30/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Board’s jurisdiction attaches when the contracting officer renders a final decision or a deemed denial, and a later finding by the contracting officer that fraud is suspected will not deprive the Board of jurisdiction....more
The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA).
The proposed...more
President Biden’s new Executive Order to improve cybersecurity involves a particular focus on federal government and contractor systems.
President Biden’s Executive Order directs sweeping changes to cybersecurity...more
5/20/2021
/ Cybersecurity ,
Department of Homeland Security (DHS) ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information and Communication Technology (ICT) ,
Joe Biden ,
NIST ,
OMB ,
Popular ,
Supply Chain
The government has six years to obtain a court’s determination on fraud counterclaims, and the clock begins to run when the alleged fraud occurs.
The Court of Federal Claims must determine liability on government...more
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
Rule based upon provisions contained in the Consolidated Appropriations Act of 2021 and the National Defense Authorization Act for Fiscal Year 2021 authorizes many participants in the 8(a) Business Development program to...more
The Board reported that it upgraded its technology to account for pandemic-related challenges, resolved more matters than it docketed during the fiscal year, and that parties have continued to avail themselves of the Board’s...more
New COVID-19 Relief Bill includes key changes to the Paycheck Protection Program (PPP), including making second loans available to certain businesses, and clarifies that forgiven PPP loans will be tax deductible.
The new...more
12/28/2020
/ Business Expenses ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
IRS ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Popular ,
Relief Measures ,
SBA ,
Tax Deductions
A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants.
Contractors and agencies must prepare...more