News & Analysis as of

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

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

GOVERNMENT CONTRACTS AND CYBERSECURITY CLIENT ALERT: Cybersecurity 101: Government Contractors

If you are a contractor with the federal government, and if you are not already subject to regulations governing the security of your computer systems, you soon will be. On February 12, 2013, President Obama issued an...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

Are Those Real Parts? Government Contractors Must Comply With New Inspection and Reporting Requirements Created by NDAA 2012 for...

The recently enacted National Defense Authorization Act (“NDAA”) of 2012 establishes a host of new requirements for government contractors regarding detection and avoidance of counterfeit electronic parts. These new...more

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