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Open the Floodgates: Divided Federal Circuit Panel Expands Access to Court of Federal Claims

The Federal Circuit last Friday issued a decision that is, as the dissent put it, “a very important government contract case.” In Percipient.ai v. United States, the Federal Circuit adopted a narrow construction of the FASA...more

The SBA’s 8(a) Program—Possible Changes after SFFA and Ultima

When the U.S. Supreme Court struck down affirmative action programs in the college admissions context in late June, it noted that racially conscious government programs must have a “logical end point.” Students for Fair...more

Buy American Act—Final Rule: What Has Changed?

On March 7, 2022, the FAR Council published the final rule containing changes to Buy American Act (“BAA”) domestic preference requirements. This final rule is a significant step towards implementation of a policy to enhance...more

Government Contractor FAQ: What’s up with the Vaccine Mandates?

Stay up to date by subscribing to our blog. Add your e-mail address to the Subscribe box on the right to get our timely posts delivered directly to your inbox. Scott Arnold, Justin A. Chiarodo, Stephanie M. Harden,...more

Government Contractor Q&A: Impact of Nationwide Injunction Prohibiting Enforcement of Federal Contractor Vaccine Mandate

Yesterday the U.S. District Court for the Southern District of Georgia issued a preliminary injunction against enforcement of Executive Order (“EO”) 14042, under which prime contractors and subcontractors are required to...more

Buy American Act Domestic Content Requirements Likely to Increase Soon

As directed in President Biden’s January 25, 2021, Executive Order we discussed six months ago, last week the FAR Council proposed increases to the Buy American Act (“BAA”) domestic content requirements, and previewed...more

Executive Order Increases the Minimum Wage for Federal Contractors—What Is the Impact?

Legal developments aimed at government contractors do not always make headline news in mainstream media, but last week’s Executive Order on Increasing the Minimum Wage for Federal Contractors, April 27, 2021 (“Executive...more

Buy American Act – More Big Changes Ahead

“Buy American” is one of few policy areas where the Biden and Trump administrations appear to generally agree. The Trump administration expressed support for strengthening regulatory implementation of the Buy American Act...more

Majority of FY 2020 Protests Find Some Success at GAO

The Government Accountability Office (“GAO”) has released its Annual Report to Congress summarizing bid protest activity for Fiscal Year 2020 (GAO-21-281SP). The report shows that, in a unique year where COVID-19 altered...more

Proposed Rule Portends Increased Contractor BAA Obligations

On September 14, 2020, the FAR Council published a proposed rule, Case 2019-016 “Maximizing Use of American-Made Goods, Products, and Materials,” 85 FR 56558, which proposes certain increased and new thresholds for...more

Government Reliance on Waiver Argument to Keep Price Adjustment Windfall Fails

Last week, the U.S. Court of Appeals for the Federal Circuit articulated limits to the government’s ability to rely on the waiver doctrine to enforce Federal Acquisition Regulation (“FAR”) provisions of questionable legality,...more

DOD’s Extraction of Data Rights in Competitive Procurements

When the Department of Defense (“DOD”) procures defense items that require substantial investment to design, test, and manufacture, it often seeks to acquire, along with these products, the contractor’s technical data package...more

Pending Federal Contract Proposals and COVID-19

Contractors that have submitted final proposals and are awaiting award on negotiated procurements may find themselves in an unusual position these days—questioning whether they still want the award in the dramatically changed...more

Three Vital Steps to Prepare For COVID-19 Impacts to Contract Performance

As the coronavirus (“COVID-19”) pandemic continues its mass global disruption, federal contractors should take or accelerate steps to protect themselves. Three steps stand out in our view...more

Federal Circuit Maintains That Contractors Must Read between the Lines to Determine Expressly Unallowable Costs

A recent Federal Circuit decision has sustained an expansive judicial reading of what constitutes an expressly unallowable cost under FAR Part 31. This decision, reached in the context of lobbying expenses, provides the...more

Technical Data Rights Protections Eroded by FY19 NDAA

The Fiscal Year (“FY”) 2019 National Defense Authorization Act (“NDAA”), H.R. 5515, 115th Cong., 2d Sess. (2018), passed both chambers of Congress at breakneck speed this year, the fastest pace in approximately 20 years, and...more

Certified Cost and Pricing Data Thresholds to Increase July 1, 2018

On July 1, 2018, the threshold for obtaining certified cost and pricing data increases substantially from $750,000 to two million dollars. The change was authorized by the Department of Defense pursuant to a class deviation,...more

GAO’s New Bid Protest Regulations in Effect Now

Many of you are aware of the Government Accountability Office’s (“GAO’s”) new bid protest regulations; this is a reminder that they went into effect today, May 1, and include several significant changes. ...more

New DOD Class Deviation Changes Debriefing Process

The United States Department of Defense (“DOD”) has amended the process for debriefings required under Federal Acquisition Regulation (“FAR”) 15.506 to allow for offeror questions related to the debriefing. Offerors are...more

NDAA Section 811: New Waiver Authority—What Does It Mean?

The Senate’s markup of the 2018 National Defense Authorization Act (“NDAA”) adds new language to 10 U.S.C. § 2304 that would give the Secretary of Defense authority to waive provisions of law that result in only one...more

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