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Contracting by Executive Order: Courts and Congress Push Back on Contractors’ Behalf

Federal contractors are all too familiar with having new requirements imposed through executive orders, which often direct the creation of new Federal Acquisition Regulation (FAR) clauses to be inserted into government...more

DOD Signals Potential Inflation Relief for Fixed Price Contracts

WHAT: The U.S. Department of Defense (DOD) is now signaling that it may be more willing to consider requests for equitable adjustment to firm-fixed-price contracts to compensate contractors for the effects of inflation....more

DoD Provides Guidance on Economic Price Adjustments Amidst Growing Concerns Over Inflation

WHAT: The U.S. Department of Defense (DoD) issued a memorandum to provide guidance on the use of economic price adjustments (EPAs) in existing and prospective DoD contracts in response to contracting officers’ (COs) and...more

GAO Rejects Unlawful Solicitation Restrictions on Mentor-Protégé Joint Ventures

The Government Accountability Office (GAO) recently issued two decisions sustaining challenges to solicitation restrictions on mentor-protégé joint ventures. Both were matters of first impression for GAO, in which GAO...more

New FAR Clause Resolves Long-Standing Conflict Over How to Comply with the Limitations on Subcontracting

WHAT: The Federal Acquisition Regulatory (FAR) Council has issued its final rule on prime contractors’ limitations on subcontracting under small business set-aside contracts. The rule finally harmonizes the FAR with the Small...more

FAR Updated to Include Useful Guidance on “Good Faith” Compliance with Small Business Subcontracting Plans

WHAT: The Federal Acquisition Regulatory (FAR) Council issued its final rule to implement Small Business Administration (SBA) rules that provide examples to guide contracting officers in assessing whether large business prime...more

SBA Changes Mentor Protégé Programs and Other Small Business Contracting Rules

WHAT: The U.S. Small Business Administration (SBA) issued a final rule consolidating the 8(a) and All-Small Mentor-Protégé Programs. The rule eliminates the 8(a) version of the program, including its unique requirements and...more

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