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This Will Only Hurt a Bit: The GSA Mandates COVID-19 Vaccines in Nearly All Existing Contract Types

The General Services Administration (GSA) released its Class Deviation CD-2021-13 (the GSA Deviation), which, effective immediately, “provides instructions for the GSA acquisition workforce on when to include a new clause...more

Summer In Bruges: The Procurement Collusion Strike Force Turns Its Eye Overseas

While most of us have been returning to some normality this summer by heading back to favorite vacation spots, the Procurement Collusion Strike Force (“PCSF”)—an arm of the United States Department of Justice’s Antitrust...more

DoD Issues Proposed Rule On Enhanced Post-Award Debriefing Rights

As you may recall, Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA required the US Department of Defense (DoD) to draft regulations to establish comprehensive post-award debriefing...more

DOD Issues Final Rule Codifying The NISPOM

On December 21, 2020, the Department of Defense (DoD) Office of the Undersecretary of Defense for Intelligence & Security published a Final Rule codifying the National Industrial Security Program Operating Manual...more

Clarity, Sweet Clarity—Proposed Rule Will Revise The FAR Definition Of “Commercial Item”

On October 15, the FAR Council issued a Proposed Rule implementing amendments to the current FAR definition of “commercial item.” As explained below, the Proposed Rule will eliminate the current FAR definition of “commercial...more

The FAR Council’s Second Interim Rule Implementing NDAA Section 889(a)(1)(B): And The Hits Keep Coming!

Like the hits produced by DJ Khaled, the FAR Council offers “another one.” As covered extensively in this blog, federal contractors have been—or should have been (you have been working toward compliance, haven’t...more

DoD And GSA Release Guidance On Implementation Of Section 889 Part B

As covered recently in this blog, the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration released on July 14, 2020, an Interim Rule covering...more

Dear Magic 8-Ball—Should I Protest? Critical Protest Implications Following The Federal Circuit’s Expansion Of Blue & Gold’s...

Relying upon the cryptic answers provided by a Magic 8-Ball when deciding to file a protest at the United States Court of Federal Claims (COFC) may sound farcical, but a recent decision by a split panel of the United States...more

DoD Issues Draft Guidance For Contractor Reimbursement Under Section 3610 Of The CARES Act

Recently, the Defense Pricing and Contracting (“DPC”) unit under the Secretary of Defense issued draft implementation guidance for Department of Defense (“DoD”) contracting officers tasked with assessing contractor requests...more

The Evolution Of Contract Financing: Resurrecting Performance-Based Payments Under Fixed-Price Contracts

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

Commerciality In The Time Of Coronavirus—DCMA Issues New Class Commercial Item Determination And Guidance

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

The Year In Protests: GAO Releases Its FY 2019 Bid Protest Statistics

Earlier this month, the Government Accountability Office (“GAO”) issued its annual Bid Protest Report to Congress for Fiscal Year 2019. Mandated by the Competition in Contracting Act, the GAO’s yearly Bid Protest Report...more

Integrating Cybersecurity Into M&A Compliance Reviews: Avoiding Hidden Cyber Risks In The Acquisition Of Government Contractors

So you want to acquire a government contractor? Makes sense, and you’re not alone. Over the past few years, the federal contracting landscape continues to evolve as a result of mergers and acquisitions (M&A), primarily...more

Slow and Steady Doesn’t Always Win The (Acquisition) Race: The CODER Act Aims To Transform DoD Software Acquisition

As the frequency and sophistication of existential threats to national security over the past decade have drastically increased, the United States’ reliance on software to identify threats, rapidly share information, and...more

Cybersecurity – The Times (And Standards) They Are A Changin’ – FAST!

As we reported last month, the Department of Defense (DoD) has been engaging in an unusual rollout of its new cybersecurity certification program by way of road tours—led by Katie Arrington, the Special Assistant to the...more

The DL on the USA’s OTAs: What Federal Contractors Should Understand When Approaching Other Transactional Agreements

As federal agencies have exponentially increased the use of “Other Transaction Agreements,” or OTAs, over the past few years, the question of the extent to which OTAs are subject to judicial review has arisen and,...more

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