FAR

News & Analysis as of

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

Executive Order Requires New Disclosures for Federal Contractors

On Thursday, July 31, 2014, President Obama signed an Executive Order called "Fair Pay and Safe Workplaces," requiring covered federal contractors and subcontractors to publicly report labor violations, to forgo the use of...more

Weekly Update Newsletter - August 2014

In this issue: - DoD, GSA, and NASA Issue an Interim Rule to Amend FAR: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities - DoD, GSA, and NASA Issue a Final Rule to Amend...more

Weekly Update Newsletter - July 2014

In this issue: - DoD, GSA, and NASA Issue a Proposed Rule to Amend FAR Review and Justification of Pass-Through Contracts - DoD Issues Proposed Rule to Amend DFARS Business Systems Compliance (DFARS Case...more

Risky Business: How Rules Governing Counterfeit Electronic Parts and Reporting on Nonconformance Have Put Risk at a Premium in the...

Any contractor or subcontractor supplying the government with electronic parts or other items should consider new rules aimed at controlling counterfeit electronic parts and monitoring for nonconformance. In an industry...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

Myth No. 10: Solicitations are mostly boilerplate and we don’t have to read them closely

Webster’s Dictionary defines “boilerplate” as “the detailed standard wording of a contract.” In the world of Government contracting, “boilerplate” usually refers to those standard provisions that are plucked from the Federal...more

Weekly Update Newsletter - June 2014 #2

In this issue: - DoD, GSA, and NASA Issue Proposed Rule to Amend FAR Expanded Reporting of Nonconforming Items - Is $487K Too Little to Pay Federal Contractors - SBA Issues Interim Final Rule Regarding...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

Federal Acquisition Regulation: Expansion of Applicability of Senior Executive Compensation Benchmark

Effective May 30, 2014, the DoD, GSA, and NASA adopted as final an interim rule that updates FAR 31.205-6(p), “Limitation on allowability of compensation for certain contractor personnel.”...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

Proposed FAR Amendment Would Expand the Scope of Personal Conflict of Interest Rules

The Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) have proposed to amend the Federal Acquisition Regulation (FAR) to expand the scope of...more

Weekly Update Newsletter - April 2014 #4

In this issue: - DOD, GSA, and NASA Issue Proposed Rule to Amend FAR Incorporating Section K in Contracts - DOD Issues Final Rule to Amend DFARS Contracting Officer’s Representative (DFAR Case...more

Finally - A Different Result for a Government Contractor's Differing Site Condition Claim

For any government contractor that has had a differing site condition claim denied despite relying on a government geotechnical report about the subsurface conditions of the project site, the U.S. Court of Appeals for the...more

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

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