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DoD Contractor Requirement to Disclose Greenhouse Gas Emissions Has Been Halted

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

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

Department of Labor Finalizes Rule to Provide Service Employees Right of First Refusal under Successor Contracts

To avoid displacement of current service employees, the final rule will require contractors and their subcontractors to offer qualified employees a right of first refusal of employment under successor contracts. President...more

The Scope of the Proposed Disclosure and Reduction Requirements Concerning Greenhouse Gas Emissions Would Impose Substantial...

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

Proposed Rule on Greenhouse Gas Emissions Would Impose Significant Compliance Obligations on Federal Contractors

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

DoD Enhanced Debriefing Final Rule Provides Greater Transparency

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

COFC Splits with GAO on Key Personnel Availability Notifications

A Court of Federal Claims decision holds that offerors do not have a duty to inform agency of changes to key personnel availability after submission of proposal. - The decision departs from well-settled GAO precedent. -...more

$15/Hour Minimum Wage for Many Federal Contractors to Take Effect

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

DoD Requires Data Reporting for Certain Service Contracts Exceeding $3 Million

The Department of Defense (DoD) issued a final rule on July 9, 2021, requiring contractors to report annually their total labor hours and invoiced amounts for certain service contracts. Requirement applies to contracts...more

DoL Rule Increases Minimum Wage to $15 for Many Federal Contractors

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

President Biden Issues an Executive Order Increasing the Minimum Wage for Many Employees of Federal Contractors to $15.00

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

Federal Circuit Clarifies Bid Protest Stay Timeliness Rules

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

OFCCP Issues Guidance For Workplace Training Related to Race and Sex Stereotypes

The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued guidance concerning recently issued Executive Order 13950 (EO) which prohibits federal contractors from including certain concepts related...more

Congress Extends Section 3610 Reimbursement Period

Congress passed a continuing resolution that extends the authorization for agencies to reimburse contractors under Section 3610 of the CARES Act until December 11, 2020. Unless agency-specific guidance states otherwise,...more

Executive Order Prohibits Workplace Training Related to Race and Sex Stereotypes

Executive Order 13950 (EO) prohibits federal contractors from including “divisive” concepts related to race and sex stereotypes in workplace trainings. The EO will require all federal contracts to include a prohibition on...more

NDAA Requires Contracting Officers to Provide Information to Unsuccessful Offerors for Task and Delivery Orders Valued Under $5.5...

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

Small Business Runway Act to Become Effective January 6, 2020

SBA’s final rule extends the measurement period from three to five years for contractors under receipts-based size standards to determine eligibility as a small business for federal procurements, including set-aside...more

SBA Issues Final Rule Impacting Small Business Regulations

The final rule revises and clarifies numerous provisions in the Small Business Administration’s regulations. SBA revised the limitation on subcontracting rules for set-aside service contracts by excluding direct costs such...more

SBA Proposes Far-Reaching Rule to Revise and Clarify Many of Its Small Business Regulations

The proposed rule seeks to overhaul and update dozens of provisions in the SBA’s small business regulations. SBA proposes to merge the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé...more

GAO Publishes Fiscal Year 2019 Bid Protest Statistics

GAO’s sustain rate dropped to 13 percent, the lowest level since Fiscal Year 2015. Protest activity at the GAO decreased by 16 percent over the previous year....more

President Trump Revokes Obama Executive Order Requiring Right of First Refusal for Service Employees

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

Limits on Use of Lowest-Price, Technically Acceptable Procurements at DoD

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

GSA Is Improving FBO As Part of Its Consolidation of Ten Acquisition Websites

The General Services Administration (GSA) is in the process of substantially revising the Fed Biz Opps (FBO) website in its process of consolidating 10 GSA-managed acquisition and assistance websites. By the first quarter of...more

Longer Runway for the Small Business Administration’s Implementation of the Runway Extension Act

The Act extends from three to five years the “look-back” period for determining whether a government contractor qualifies as a small business based on its average annual revenue. A recent GAO decision held that the Act will...more

SBA to Adjust Small Business Size Standards for Inflation

The interim rule increases all small business revenue-based size standards, allowing many businesses to regain small business status or to remain a small business for longer. SBA is increasing the revenue-based size...more

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