News & Analysis as of

Contractors Federal Acquisition Regulations (FAR)

Hahn Loeser & Parks LLP

Environmental Obligations Hiding in Plain Sight

As many contractors know, whenever doing federal projects there might be a nagging feeling in the back of your mind. What exactly does my contract say? What type of plan do I need to address environmental concerns? You...more

Proskauer - Government Contractor Compliance...

FAR Council Proposes Rule Requiring Contractors to Identify Subcontractors and Report Subcontractors’ Executive Compensation...

On May 24, 2024, the Federal Acquisition Regulation (“FAR”) Council published a Notice and request for comments for 9000-0177, Reporting Executive Compensation and First-tier Subcontract Awards. If approved, the new FAR...more

American Conference Institute (ACI)

CMMC 2.0 and FOCI Assessments: Preparing for What Lies Ahead

Defense contractors and subcontractors that handle Controlled Unclassified Information (CUI) and do not have robust information-security system controls in place better get their house in order now if they want to do business...more

Davis Wright Tremaine LLP

ASBCA Allows Contractor To Recover for "Constructive" VECP

On May 9, 2024, the Armed Services Board of Contract Appeals ("ASBCA" or "Board") allowed a contractor to recover for a "constructive" value engineering change proposal ("VECP"). In Appeal of Herman JCG Co. JV, ASBCA No....more

Morrison & Foerster LLP

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more

Fox Rothschild LLP

What to Do If the Port of Baltimore Closure Is Impacting Your Government Contract

Fox Rothschild LLP on

In the wake of the tragic Francis Scott Key Bridge collapse, businesses that rely on the Port of Baltimore (“Port”) are grappling with impacts to their contracts and supply chains. The Port suspended waterway traffic until...more

Sheppard Mullin Richter & Hampton LLP

Updates on GHG Emissions Disclosure Requirements

Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions - Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation (“FAR”) to...more

Cozen O'Connor

Back Again: U.S. Department of Labor Issues Final Rule on Nondisplacement of Qualified Workers

Cozen O'Connor on

The U.S. Department of Labor’s Nondisplacement of Qualified Workers Under Service Contracts Rule is back. After publication as a final rule in December 14, 2023, the Rule is now in effect and will apply to all new Service...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Publishes Final Rule Implementing Executive Order 14005

The rule conforms applicable DFARS clauses to the final FAR rule that was published on March 7, 2022. Contractors must comply with increasing U.S. and qualifying country content thresholds for manufactured end products—65...more

Woods Rogers

New Federal Proposed Rule Addressing “Pay Equity and Transparency in Federal Contracting”

Woods Rogers on

The Biden administration’s Fall 2023 United Agenda of Regulatory and Deregulatory Actions included a variety of near and long term regulatory plans for federal agencies, including regulatory action for pay equity and...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Defense Delivers Highly Anticipated CMMC Proposed Rule

The proposed rule requires contractors to make annual affirmations regarding their cybersecurity maturity, thus increasing their risk of False Claims Act Liability. The proposed rule allows for limited use of Plans of...more

Schwabe, Williamson & Wyatt PC

Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more

Perkins Coie

DoD Issues Proposed CMMC Rule Requiring Cybersecurity Assessments of Contractors

Perkins Coie on

The U.S. Department of Defense (DoD) has issued its long-awaited proposed rule implementing its Cybersecurity Maturity Model Certification (CMMC) program to protect sensitive, unclassified government information in the...more

Jackson Lewis P.C.

FAR Rule Implements EO-Mandated Use of Project Labor Agreements on Large Federal Construction Projects

Jackson Lewis P.C. on

The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement (PLA) requirement for contracts that meet the definition of federal “large-scale construction projects”...more

Schwabe, Williamson & Wyatt PC

Nondisplacement of Qualified Workers Under Service Contracts

On December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more

Davis Wright Tremaine LLP

What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?

In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more

Morrison & Foerster LLP - Government...

November 2023 Bid Protest Roundup

This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more

Pillsbury Winthrop Shaw Pittman LLP

Interim Rule Establishes New Supply Chain Diligence Requirements for Contractors

A new interim rule aimed at safeguarding the federal supply chain prohibits contractors from delivering or using covered articles and sources subject to exclusion or removal orders issued under the Federal Acquisition Supply...more

Pillsbury Winthrop Shaw Pittman LLP

One Contractor Hurdle Defeated: Federal Circuit Holds That the “Sum Certain” Requirement for CDA Claims is Not Jurisdictional

The U.S. Court of Appeals for the Federal Circuit broke with earlier precedent and held that the sum certain requirement imposed on contractors is not jurisdictional and therefore cannot be grounds for dismissal late in the...more

Seyfarth Shaw LLP

“Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers

Seyfarth Shaw LLP on

On July 21, 2023, President Biden designated July 23-29, 2023, as “Made in America Week.” This proclamation builds on the Biden Administration’s efforts to bolster domestic manufacturing through evolving policies attached to...more

Schwabe, Williamson & Wyatt PC

DOD, GSA, and NASA Update FAR to Provide for Accelerated Payments to Small Businesses and to Conform to SBA Regulations

In the past week, there were several important updates made to the Federal Acquisition Regulations by the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space...more

Fenwick & West LLP

Responding to the Biden Administration’s Climate Agenda: What Public Companies and Federal Suppliers Need to Know

Fenwick & West LLP on

Since the start of the Biden administration in January 2021, there has been an increased focus on combatting climate change, including regulatory actions and initiatives to increase disclosure by corporations regarding their...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Requires Contractors to Disclose Greenhouse Gas Emissions and Climate-Related Financial Risk

On November 14, 2022, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a proposed rule that would amend the Federal Acquisition...more

Maynard Nexsen

DoD Launches ESOP Pilot: Sole Source Follow-On Contracts Limited to Nine Entities

Maynard Nexsen on

Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards....more

Holland & Knight LLP

Proposed Greenhouse Gas Rules Create Significant Contractor Compliance Requirements

Holland & Knight LLP on

The Federal Acquisition Regulatory Council (FAR Council) on Nov. 14, 2022, released a sweeping proposed regulation concerning greenhouse gas reporting requirements titled "Federal Acquisition Regulation: Disclosure of...more

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