Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)
DE Under 3: FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially Executive Compensation Data
New Wave of Pay Transparency Requirements Affects Employers and Federal Contractors
Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
DE Under 3: FAR Council's Latest Proposed Rule & OFCCP's 10 New FAQs on Compensation History
Excitement, Turbulence & Confusion: The Top 10 Employment Law Issues That Affected Federal Contractors in 2023
Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule
DE Under 3: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects
Intellectual Property In Department of Defense Contracting
Podcast - Navigating the TikTok Ban: Implications for Government Contractors
[Podcast] TikTok off the Clock: Navigating the TikTok Ban on Devices for Government Contractors
This small law firm has a BIG niche blog that brings in the clients - Legally Contented podcast
Clocking in with PilieroMazza: #LNE4GovCons: FAR Clause Bans TikTok on Federal Contractor Devices
DE Under 3: President Biden Issued "Modernizing Regulatory Review" Executive Order
Overcoming the Inflation Crisis: The Ins and Outs of Inflation Relief for DOD Contractors
Additional Compensation from the Government: A Brief Comparison of REAs and Claims
Podcast Series: Commercial Businesses New to Government Contracting: Labor and Employment Issues Unique to Government Contractors
Buy American: What Government Contractors Need to Know
Bid Protest: LPTAs - Are They Still Okay? - Webinar
The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more
As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract...more
After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are...more
The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more
On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition...more
Generally, when a business is awarded a multi-year IDIQ contract, it retains its “small” business designation unless a contracting officer (CO) requires the business to recertify its size status, and has since grown larger...more
On December 27, President Biden signed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act into law. The legislation, ushered through Congress by a bipartisan group of backers, strengthens existing...more
On December 1, 2022, the United States Department of Defense, General Service Administration, and National Aeronautics and Space Administration (NASA) issued a final rule amending the Federal Acquisition Regulation (FAR) to...more
On February 17, 2022, the United States Department of Agriculture (USDA) published a Notice of Proposed Rulemaking updating USDA’s Agriculture Acquisition Regulation (AGAR), the agency’s counterpart to the Federal Acquisition...more
Cybersecurity, artificial intelligence, and nontraditional approaches to procurement are once again areas of legislative focus for Congress in the recently passed Fiscal Year 2022 National Defense Authorization Act (NDAA),...more
What: Just before Thanksgiving, the Government took two actions likely to affect many federal service and construction contractors’ pricing and staffing decisions. The Biden Administration issued Executive Order (EO) 14055 to...more
The FAR Council recently published a request for comment seeking public input on how it should consider climate change in government purchasing decisions. The sweeping request applies to providers of both goods and services...more
In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more
In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more
It is time for a top-to-bottom review of the acquisition process. I take no joy in writing this article, but it is a desperate plea for improvement. From 1995-2001, I worked for the Department of the Army as a contract...more
On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed....more
M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation...more
When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more
Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more
The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA),...more
Over the past several months, this blog has analyzed several key provisions of the Fiscal Year 2019 National Defense Authorization Act (NDAA) that impact government contractors. This post briefly summarizes a variety of other...more
Recent Government Accountability Office (GAO) protest decision on standing holds key implications for government contract asset deals. GAO held that contractor who had sold relevant contract assets to another company...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
Earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) ruled that recertification by a Service-Disabled Veteran-Owned Small Business (“SDVOSB”) following its acquisition by a...more
Over the past year, there has been a tremendous amount of merger and acquisition activity, and the government contracting industry has been no exception. Along with the traditional concerns involved in the M&A world,...more