Contractors Federal Acquisition Regulations (FAR)

News & Analysis as of

Federal Contractor News Roundup: Paid Sick Leave, Pay Secrecy, Posters, Plus More

This year continues to be an active one for employers who are federal contractors or subcontractors. Most recently, yesterday President Obama continued the trend of using Executive Orders where legislative solutions have...more

DoD's New Cybersecurity and Cloud Standards and Reporting Requirements

The Department of Defense (DoD) released interim rules implementing provisions of the 2013 and 2015 National Defense Authorization Acts. The rules, released on Aug. 26, 2015, are effective immediately and establish the...more

Federal Government Can Revoke Acceptance Years Later and Demand Replacement of Work

Many contractors mistakenly think that once the government accepts work and pays for it, that the work is, well, "accepted." Some also believe that the one-year warranty provided in the Federal Acquisition Regulation (FAR)...more

Government Contracts Quarterly Update - July 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Please see...more

Contractor Blacklisting: Sweeping “Labor Violation” Reporting Duties in the Proposed “Fair Pay and Safe Workplaces” Guidance and...

President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673 mandates that federal contracting agencies collect information concerning a potential prime contractor’s 3-year violation history with respect to...more

Novations and Contract Transfers

In this presentation: - What is novation and what is required to effectuate such a transaction? - When are novations necessary and when can they be avoided? - What impact will a novation have on your...more

Weekly Update Newsletter - June 2014 #4

In this issue; - DoD Issues Proposed Rule to Amend DFARS Defense Contractors Performing Private Security Functions (DFARS Case 2014-D008) - DoD Issues Final Rule to Amend DFARS Private Sector Notification...more

Government Contracting Myth No. 9: Only the big guys succeed

It is true that the media focus on the big names in Government contracting, and those big names are very successful; but, for a variety of reasons, it is also true that a small business can thrive in this market as well. In...more

FAR Amended to Clarify Contractor Responsibilities Pursuant to the Defense Base Act

The Department of Defense, the General Services Administration and NASA issued a final rule on May 30, 2014, which amended the Federal Acquisition Regulation (FAR) to clarify contractor and subcontractor responsibilities to...more

Weekly Update Newsletter - June 2014 #1

In this issue: - DoD Issues Proposed Rule to Amend DFARS Service Contract Reporting (DFARS Case 2012-D051) - DoD, GSA, and NASA Issue a Final Rule to Amend the FAR Commercial and Government Entity Code...more

DOD Issues Proposed Rule Extending Limitations on Contractor Employee Personal Conflicts of Interest

The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the...more

Government Contracting: Beware Offerors - Past Performance By Your Proposed Subcontractors and Key Personnel May Not Count

A recent GAO decision, HK Consulting, Inc., B-408443 (Comp. Gen. Sept. 18, 2013), provides an important reminder that government agencies are not required to consider the past performance of an offeror’s proposed...more

Affiliates of Indicted Contractor May Face Longer Suspension

The United States Court of Appeals for the Eleventh Circuit recently confirmed that the Government has the ability to suspend “affiliates” of a suspended contractor, even though there is no allegation that the affiliates...more

Human Trafficking Compliance

On September 26, 2013, the Federal Acquisition Regulatory (FAR) Council published proposed rules to implement new human trafficking compliance requirements on government contractors and subcontractors. President Obama signed...more

Interim Rules on Whistleblower Protection for Contractor Employees Issued by DOD, GSA and NASA

On September 27, 2013, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced interim rules in the Federal Acquisition Regulations (“FAR”) and Defense Federal...more

Federal Contracts When Selling a Business

When selling a business, the owner must balance deal certainty, tax consequences, speed, regulatory clearances, third party consents and liability allocation. ...more

Federal Contractors Not Impacted By NLRB-Related Notice Posting Rule Decisions

Earlier this month, we reported that the D.C. Circuit rejected the National Labor Relations Board’s (NLRB) “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s...more

DOD's Proposed Counterfeit Parts Regulations for Contractors Provide Some Answers, But More Questions

Coming not long after the issuance of its new internal policy guidance on counterfeit materiel, the U.S. Department of Defense (DOD) published on May 16, 2013 its first set of proposed regulations that would impose specific...more

Over-the-Cliff: Advice to Contractors Facing Sequestration

Automatic spending cuts caused by “sequestration” went into effect on March 1, 2013, after the federal Government could not avoid or further delay sequestration as Congress and the President had agreed during January of 2013....more

NDAA Imposes New Requirements and Restrictions for Defense Contractors

How will the FY 2013 National Defense Authorization Act impact your business as a government contractor? The recently passed National Defense Authorization Act for Fiscal Year 2013 ("NDAA") includes a number of...more

Successor Service Contractors Must Justify New Hires

The Federal Acquisition Regulatory Council recently issued a final rule that implements Executive Order 13495 (Jan. 30, 2009) for nondisplacement of qualified workers employed under contracts covered by the Service Contract...more

Court of Federal Claims Upholds 40% Small Business Subcontracting Goal

In a recent decision, the U.S. Court of Federal Claims denied a pre-award protest challenging a solicitation's small business subcontracting goal of 40% of the total contract value, holding that this goal was within the high...more

FAR Councils Soliciting Public Comments to Remove Contractors’ Right to Appeal Past Performance Evaluations

For federal government contractors, agencies’ past performance evaluations are important. A favorable evaluation can result in a stronger customer relationship, an enhanced reputation, and a better chance of winning future...more

Suspension and "Guilt by Association"

A recent federal court decision highlights two important issues relating to excluding contractors from participation in federal government contracting: (1) suspension, and (2) "affiliation."...more

Small Business Administration Proposes to Expand Recertification Requirement in Mergers and Acquisitions

On May 16, 2012, the U.S. Small Business Administration (SBA) issued a lengthy set of proposed regulations implementing various sections of the Small Business Jobs Act of 2010....more

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