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PilieroMazza PLLC

Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?

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In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint...more

Bass, Berry & Sims PLC

OFCCP Requires Affirmative Action Program Certification by July 1

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On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and...more

PilieroMazza PLLC

SBA and ISOO Issue Guidance on Facility Security Clearances for Joint Ventures

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On October 5, 2023, the Information Security Oversight Office (ISOO) and the Small Business Administration (SBA) released a Joint Notice that provides guidance on the facility security clearance (FCL) requirements for joint...more

Morrison & Foerster LLP - Government...

June 2023 Bid Protest Roundup: Errors, Experience, Corrective Action

This month’s bid protest roundup focuses on two decisions from the U.S. Court of Federal Claims (“Court”) and one decision from the U.S. Government Accountability Office (“GAO”). These decisions involve (1) the Court’s...more

WilmerHale

When Is a Bait-and-Switch Not a Bait-and-Switch? When Key Personnel Ignore Their Non-Compete Agreements

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Can a disappointed offeror successfully challenge an award by demonstrating that it had signed non-compete agreements with the awardee’s proposed key personnel? Not necessarily. ...more

Bass, Berry & Sims PLC

Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships

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Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 18

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Morrison & Foerster LLP - Government...

August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration

In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that...more

Morgan Lewis

Government Contractors: House Bill Increases Significance of Small Business Subcontracting Plan Compliance

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The US House of Representatives recently passed HR 7694, the Strengthening Subcontracting for Small Businesses Act of 2022, which aims to amend the Small Business Act to require the federal government to consider prior...more

Bass, Berry & Sims PLC

OFCCP’s New Affirmative Action Program Oversight Tool

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A 2016 Government Accountability Office (GAO) report noted that the Office of Federal Contract Compliance Programs (OFCCP) did not have an official method of validating contractors’ affirmative action plans or programs (AAP)...more

K&L Gates LLP

OFCCP Affirmative Action Verification Interface Has Arrived and the Time to Certify is Fast Approaching

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Although most federal contractors have been focused on compliance with COVID-19 vaccination mandates, it’s important to take a moment to look at another compliance topic related to equal employment opportunity obligations. On...more

Faegre Drinker Biddle & Reath LLP

OFCCP Announces Long-Awaited Federal Contractor Compliance Portal

On December 2, 2021, the Office of Federal Contract Compliance Programs (OFCCP) officially announced its long-awaited annual affirmative action plan (AAP) certification process, which will require federal contractors and...more

Perkins Coie

OFCCP Signals More Rigorous Enforcement Landscape With Three Big Moves

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has taken three recent notable actions. Specifically, OFCCP (1) will require a contractor to submit a verification of an affirmative action...more

Husch Blackwell LLP

OFCCP Affirmative Action Plan Verification Interface Is “Coming Soon”

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In September 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) made a formal request to the Office of Management and Budget (OMB) for approval of a new information collection request...more

Fox Rothschild LLP

Federal Contractors Beware: Affirmative Action Plan Verification Is 'Coming Soon'

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Over the past several years, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been inching towards requiring all covered federal contractors to annually verify whether they have...more

Husch Blackwell LLP

GAO Confirms Yet Another Benefit Of Mentor-Protégé Programs

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Mentor-protégé programs, such as the government-wide one at the SBA for all small business concerns, are designed to help small contractors engage in federal contracting by allowing larger, more experienced mentor firms to...more

Morrison & Foerster LLP - Government...

Levels Of Accountability: What Federal Contractors Should Know About Small Business Subcontracting Plans And Compliance Reviews

Every year, the U.S. federal government establishes goals for the awards of prime contracts and subcontracts to small business concerns. While agencies are responsible for achieving these goals by awarding prime contracts to...more

Davis Wright Tremaine LLP

OFCCP Update – Covered Federal Contractors Will Soon Be Required to Certify That They Have an Affirmative Action Plan

Federal contractors and subcontractors will soon be asked to regularly certify that they have compliant Affirmative Action Plans (AAP), and contractors may even be required to upload a copy of their AAPs on an annual basis,...more

Vinson & Elkins LLP

GAO Urges Changes As Weapon Systems Cybersecurity Continues To Lag

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On March 4, 2021, the U.S. Government Accountability Office (“GAO”) published a report titled “Weapon Systems Cybersecurity: Guidance Would Help DOD Programs Better Communicate Requirements to Contractors” (the “Report”).1...more

Woods Rogers

Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

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Procuring agencies have wide latitude in developing requirements for their solicitations.  When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification...more

Morrison & Foerster LLP - Government...

New Small Business Rules: Capabilities Of Small Business Joint Venture Members And First-Tier Subcontractors

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow...more

Bradley Arant Boult Cummings LLP

Now There’s Something You Don’t See Every Day: A Subcontractor Intervening in a Bid Protest

Fans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day,...more

Perkins Coie

Impaired Objectivity and the Ability to Influence: Avoiding Pitfalls in Mitigating OCI

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A common source of organizational conflicts of interest (OCI) is when a firm’s ability to render impartial advice to the government is or might be undermined by the firm’s competing interests. These OCIs, termed “impaired...more

PilieroMazza PLLC

SBA to Increase Enforcement in 2020 on Set-Asides and Subcontracting

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One of the most overlooked compliance requirements for set-aside contracts are the limitations on subcontracting. Don’t take my word for it—GAO has noted in several reports that contracting officers generally do not monitor...more

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