In response to the 2024 National Defense Authorization Act (NDAA), the Department of Defense (DoD) issued a class deviation postponing the proposed requirement to disclose greenhouse gas emissions.
On November 14, 2022, the...more
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 Federal Acquisition Regulatory Council has issued a far-reaching proposed rule that requires significant greenhouse gas reporting and emission reduction obligations for federal contractors.
Most federal contractors,...more
The Federal Acquisition Regulatory Council recently issued a far-reaching proposed rule that includes significant compliance obligations for contractors related to their greenhouse gas emissions.
Most federal contractors,...more
To avoid displacement of current service employees, the proposed rule will require contractors and their subcontractors to offer qualified employees a right of first refusal of employment under the successor contract....more
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
The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules.
DoD debriefings now must include a redacted version of the source selection decision document for all awards...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
Through a proposed rule published on July 22, 2021, the Department of Labor is implementing Executive Order 14026. The new rule and Executive Order will require federal service, construction contractors and subcontractors to...more
7/28/2021
/ Biden Administration ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Minimum Wage ,
New Rules ,
Service Contract Act ,
Wage and Hour
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
The Executive Order is projected to increase the hourly wage paid to hundreds of thousands of Federal contractor employees.
President Biden issued an Executive Order raising to $15.00 per hour the minimum wage that Federal...more
The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more
2/9/2021
/ Appeals ,
Appellate Courts ,
Automatic Stay ,
Bid Protests ,
CICA ,
COFC ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
US Army Corps of Engineers
While GAO does not make any recommendations in its report, it provides a useful overview of the federal government’s implementation of Section 3610.
Agencies made relatively little use of their Section 3610 authority...more
9/11/2020
/ CARES Act ,
Contractors ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Procurement Systems ,
Final Rules ,
GAO ,
General Services Administration (GSA) ,
NASA ,
New Guidance ,
OMB ,
Reimbursements ,
Relief Measures ,
Stop Work Orders
Recent developments in small business procurement policy indicate that the government’s increase in the amount of contract awards to small businesses is likely to continue.
The government exceeded its 23 percent small...more
The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders.
Currently, FAR Part 16 only...more
The President revoked Executive Order (E.O.) 13495, which required successor contractors to offer service employees employed under the predecessor contract a right of first refusal.
The revocation immediately terminates...more
Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures.
The new rule takes effect on October 1, 2019 and permits defense...more
In this fourth and final installment of our Section 809 Panel alerts, we explore the recommended changes to update and eliminate burdensome aspects of certain socioeconomic and small business requirements for Department of...more
1/30/2019
/ Berry Amendment ,
Buy American Act ,
Davis-Bacon Act ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NDAA ,
Recordkeeping Requirements ,
Service Contract Act ,
Set-Asides ,
Small Business
The General Services Administration announced that it plans to consolidate all 24 Multiple Award Schedules into a single schedule by FY 2020.
The GSA’s 24 Multiple Award Schedules will be consolidated into a single...more
Contractors will soon have additional legal authority to demonstrate to civilian agencies that a best value tradeoff process should be employed.
Congress’ trend of limiting the use of the LPTA process continues....more
The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts.
Congress is concerned about the delays caused by bid protests that have been filed at...more
In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations.
Enhanced Debriefing rule does not alter GAO timeliness rules....more
7/31/2018
/ Bid Protests ,
CICA ,
Debriefing ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Filing Deadlines ,
GAO ,
NDAA ,
Offerors
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
A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous.
More than 99.7% of DoD contracts...more
The U.S. Department of Labor (DOL) has announced its annual adjustment for the SCA Health and Welfare (H&W) Fringe Benefits rate for all wage determinations issued on or after August 1, 2017. While DOL typically adjusts this...more