FAR

News & Analysis as of

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

Claims Webinar Series: Contract Terminations

In this presentation: - Termination for Convenience (“T4C’) - Termination for Default (“T4D”) - T4C vs. T4D at a glance - Brief overview of termination appeals - Q & A Please see full...more

Weekly Update Newsletter - August 2015 #2

GOVERNMENT CONTRACTS - DOD Issues Report Entitled Defense Contracts: DOD’s Request for Information from Contractors to Assess Prices - The Department of Defense (DOD) has issued a report entitled Defense Contracts:...more

Adding a Short-Order Cook to a Crowded Kitchen: OMB Guidance Creates a Sense of Urgency for Cybersecurity in Federal Acquisitions

The Office of Management and Budget (OMB) on August 11, 2015 released proposed guidance, that takes “major steps” towards – and likely accelerates – the implementation of cybersecurity requirements in federal acquisitions....more

OMB Issues Guidance on Government Contractors’ Cybersecurity Systems

The Office of Management and Budget (OMB) released a draft guidance document on Aug. 11, 2015, titled “Improving Cybersecurity Protection in Federal Acquisitions” (the “OMB Guidance”). The OMB Guidance instructs agencies on...more

Comments on Proposed Rule Regarding Small Business Subcontracting Improvements

After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391, dated July 16, 2013, many of our clients have asked us...more

ASBCA Continues to Apply the Expressly Unallowable Cost Standard in an Unworkable Way

Recently, in Raytheon Co., ASBCA Nos. 57576, et al (June 26, 2015), the ASBCA confirmed that a narrow reading of the term “expressly unallowable” costs is appropriate under the CAS and FAR. The Board reaffirmed previous...more

For The Second Time, DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay...

On August 5, 2015, the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed...more

House Bill Would Require Public Disclosure of Company Policies to Combat Supply Chain Trafficking

On July 27, 2015, U.S. Representatives Carolyn Maloney (D-NY) and Chris Smith (R-NJ) introduced the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (H.R. 3226) (the "Bill"). The Bill would require...more

Heads up! Inflation Adjustments To Acquisition Thresholds Are Just Around The Corner

On July 2, 2015, the FAR Council issued a Final Rule that amends the FAR, effective October 1, 2015, to implement inflation-based adjustments to certain acquisition-related monetary thresholds. 80 Fed. Reg. 38293. The...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

Access to Pre-Solicitation Information without Mitigation Plan: A Recipe for Rescission

The Court of Federal Claims (“CFC”) recently made clear that mere access to pre-solicitation information creates a potential Organizational Conflict of Interest (“OCI”) that can invalidate an award. In Monterey Consultants,...more

DHS Proposes Changes to E-Verify Program: I-9 Revirifications and FNC Formal Reviews

As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

Members of Congress Request Withdrawal Of Proposed Guidance And Regulations For Fair Pay And Safe Workplaces Executive Order

On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair...more

Procurement Issues: One-on-One Meeting Procedures

Experience with innovative procurements indicates that holding one-on-one meetings with proposers is beneficial whenever selection is based on a “best value” evaluation of competitive proposals—whether the procurement...more

Weekly Update Newsletter - July 2015 #2

GOVERNMENT CONTRACTS - Contractor Past Performance Assessment Report–3rd Quarter Fiscal Year 2015 - The Office of Federal Procurement Policy (OFPP) issued the contractor past performance assessment reporting for the...more

Actions Foreshadow Uniform Cybersecurity Regulations for Federal Contractors - Two Recent Executive Agency Actions Lay the...

Federal government contractors handling Controlled Unclassified Information (CUI) should take notice of two recent executive agency actions. Combined, they lay the groundwork for a new cybersecurity clause to be added to the...more

DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces...

On July 14, 2015 the U.S. Department of Labor (“DOL”) announced that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe...more

Executive Orders and Labor Laws: New "Proposed" Guidance - Clarity or Concern?

In this presentation: - Summary of proposed FAR - Summary of proposed guidance -? Remaining questions and potential problems - Excerpt from Summary of proposed FAR: The Proposed Rule Requires:...more

Immigration Corner: Major E-Verify Changes Proposed

On June 8, 2015 USCIS released the details of proposed major changes to the E-Verify program. The notice, found here, proposes several major changes to the E-Verify program and seeks public comments until August 7, 2015....more

Analysis of the Fair Pay and Safe Workplace Proposed Rule

The premise of the Executive Order is to improve contractor compliance with labor laws and to increase efficiency and cost savings in Federal contracting by requiring contractors to disclose violations of 14 labor laws and...more

Analysis of the Federal Acquisition Regulatory Council’s Proposed Rule to Implement Executive Order 13673 “Fair Pay and Safe...

On May 27, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed rule to implement Executive Order...more

Weekly Update Newsletter - July 2015

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Final Rule to Amend FAR: Inflation Adjustment of Acquisition Related Thresholds - The Department of Defense (DoD), General Services Administration (GSA), and...more

Data Rights for Government Contractors

In this presentation: - FAR AND DFAR - TYPES OF DATA - TECHNICAL DATA - COMPUTER SOFTWARE - COMMERCIAL COMPUTER SOFTWARE - TYPES OF RIGHTS - LICENSE RIGHTS - BAYH-DOLE...more

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