In a move designed to “facilitate domestic mineral production to the maximum possible extent,” on March 20, 2025, the Trump administration issued an executive order—titled “Immediate Measures to Increase American Mineral...more
On January 27, 2025, the United States Office of Management and Budget (OMB) issued a pause, set to go into effect at 5 p.m. on January 28, to all “federal financial assistance programs and supporting activities.” The order...more
1/29/2025
/ Compliance ,
Executive Orders ,
Federal Budget ,
Federal Contractors ,
Federal Funding ,
Funding ,
Grants ,
Loans ,
Nonprofits ,
OMB ,
Regulatory Freeze ,
Regulatory Requirements ,
Reporting Requirements
OMB Memorandum (M-25-13) advises federal agencies that they must temporarily pause all activities and disbursements of federal financial assistance that may be implicated by any of President Trump’s recent Executive Orders at...more
1/28/2025
/ Appropriation ,
Compliance ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Budget ,
Federal Funding ,
Funding ,
Funding Opportunities ,
Grants ,
OMB ,
Popular ,
Regulatory Oversight ,
Regulatory Requirements ,
Trump Administration
Once again, the threat of a government shutdown looms over federal contractors and grantees. If Congress does not pass a continuing resolution or other funding legislation before midnight on Saturday, agencies will lack...more
The ongoing debt ceiling negotiations are approaching the “X Date” with little certainty of a resolution. The X Date, the date on which the U.S. Government runs out of money to pay all of its bills, is estimated to be June 1....more
Punctual people often live by the maxim: “If you’re early, you’re on time. If you’re on time, you’re late.” When submitting electronic proposals under FAR 52.212-1, those are words to live by....more
Bias is a frequent bid protest argument, but it is often unsuccessful because government officials are presumed to act in good faith. To overcome that presumption, a protester must provide “convincing proof” of the alleged...more
In today’s world, there is a tendency to believe that everything must be preserved forever. The common belief is that documents, emails, text messages, etc. cannot be deleted because doing so may be viewed as spoliation...more
The automatic stay of award is one of the key elements of a bid protest under the Competition in Contracting Act. The CICA stay is only available when a protest is filed no later than ten days after contract award or no later...more
2/8/2021
/ Automatic Stay ,
Bid Protests ,
CICA ,
COFC ,
Court of Federal Claims ,
Deadlines ,
Debriefing ,
Department of Defense (DOD) ,
GAO ,
NDAA ,
Offerors
Have you a received Section 889 letter yet? If not, you may soon. The letters ask whether you provide or use “covered telecommunications equipment or services.” They are part of the implementation of Section 889 of the John...more
1/28/2021
/ China ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Grants ,
Huawei ,
ITAR ,
NDAA ,
Surveillance ,
Telecommunications ,
ZTE
Like other segments of the economy, the renewable energy industry is dealing with the impacts of the COVID-19 pandemic. Several states still have restricted business activities and are only now considering lifting those...more
We previously looked at whether the COVID-19 pandemic is an excusable delay that would give contractors relief from delivery deadlines and schedule commitments. But many contractors impacted by Coronavirus may see their costs...more
In response to the growing Coronavirus pandemic, President Trump announced that the federal government will invoke the Defense Production Act to obtain necessary medical equipment and supplies from private industry. In this...more
The spread of COVID-19 (Coronavirus) remains unclear, but its impacts are already being felt. Supply chains are being disrupted and companies are implementing preventative measures to protect their employees. Many businesses...more
Happy New Year to mid-size government contractors! SBA’s determination of small business status under receipts-based size standards is transitioning from a three-year to a five-year lookback period starting today. The change...more
When drafting small business joint venture agreements, the devil is in the details. A template JV agreement—like the one from the Small Business Administration—may not guarantee a JV’s eligibility for a contract award. The...more
If you are excluded from the competitive range in a procurement, you have a right to request a debriefing (within 3 days) to learn why. 41 U.S.C. § 3705(a). But the scope of that pre-award debriefing is more limited than a...more
Contractors are now familiar with the Supreme Court’s June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar [PDF]. That decision recognizes False Claims Act liability for implied false...more