FAR

News & Analysis as of

Proposed FAR Amendment Would Greatly Expand Policing of Contract Employees for Personal Conflicts of Interest

People are people. As such, contract employees and self-employed subcontractors will inevitably create relationships with others based on common interests. Most of these relationships are, for purposes of this discussion,...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

Weekly Update Newsletter - April 2014

In this issue: - The DoD, GSA, and NASA Issue Proposed Rule to Amend FAR Extension of Limitations on Contractor Employee Personal Conflicts of Interest - The DoD Issues Final Rule to Update Personnel Security...more

Executive Order: FAR Clause for Mandatory Minimum Wage by January 2015

Exercising his statutory authority to establish terms for procurement contracts under the Federal Property and Administrative Services Act (40 U.S. Code 101 et seq.), President Obama signed an Executive Order on February 12,...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

Lessons from the Agility Defense Case, Part 2: Agencies' New Court-Appointed Muscle

On December 31, 2013, the U.S. Court of Appeals for the Eleventh Circuit reversed a lower court (Northern District of Alabama) decision regarding an agency’s ability to indefinitely suspend the affiliates of an indicted...more

Prior Noncompliance with E-Verify Does Not Render Federal Contractors Ineligible for Future Work

Participation in E-Verify is mandatory for certain businesses such as those having contracts with federal agencies. One of the requirements is that the “FAR clause,” which provides that a contractor not enrolled in E-Verify...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

DOD’s Secret Contract Awards During the Government Shutdown Undermine CICA

The U.S. Department of Defense (“DOD”) has announced that it will continue to award large contracts during the ongoing federal government shutdown, but that it will not “publicly announce” the contract awards until the...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

Is a Computer Model Capable of Making a Best Value Tradeoff?

Agency award decisions must follow the stated evaluation criteria, be properly documented, and have a rational basis. This is particularly true of best value acquisitions requiring a tradeoff determination between technical...more

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