Federal Acquisition Regulations

News & Analysis as of

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

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

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

Proposed Regulations and Guidance Issued for Executive Order on Fair Pay and Safe Workplaces

Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order. On May 28, the Federal Acquisition...more

Change of Plans: New Proposal Would Alter FAR Subcontracting Plan Requirements

The FAR requires most large business contractors to have a plan approved by the government to subcontract a certain amount of their work to the various types of small business contractors (i.e., SDB, WOSB, SDVOSB, etc.). In...more

Are You a Government Subcontractor?

Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to...more

Affirmative Action Alert: Agencies issue proposals on "Fair Pay & Safe Workplaces" Executive Order

The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued simultaneous proposals to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The Executive Order, signed last July,...more

“Right to Know” and Responsibility to Disclose: Government Moves Forward with Additional Obligations for Federal Contractors

On Thursday, the Department of Labor and the Federal Acquisition Regulatory (FAR) Council will issue proposed guidance and proposed regulations, respectively, regarding the implementation of the President’s Fair Pay and Safe...more

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

Defense Department Releases Better Buying Power 3.0 Memorandum With New Focus On Cybersecurity

On April 9, the Department of Defense (“DOD”) issued a memorandum containing new directives to guide its procurement of new goods and services. The memorandum, the third in the Pentagon’s Better Buying Power initiative...more

GSA Proposes to Amend GSAR for Reporting of Transactional Data and Prices Paid by Ordering Activities

On March 4, 2015, the General Services Administration (GSA) issued a Proposed Rule to amend the GSA’s Acquisition Regulations. The rule outlines a plan to adopt clauses requiring vendors to report transactional data from...more

Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more

Legal Minute: Cybersecurity Reporting Requirements for Government Contractors [Video]

Government Contracts Partner Mary Beth Bosco explains the new cyber breach reporting requirements for defense contractors based on the recent passage of the National Defense Authorization Act for Fiscal Year 2015. The NDAA...more

Weekly Update Newsletter - January 9, 2015

GOVERNMENT CONTRACTS - DoD Issues Department of Defense Instruction 5000.02 Operation of the Defense Acquisition System - The Department of Defense (DoD) issued a new version of the acquisitions corps’ guide...more

Weekly Update Newsletter - December 2014 #1

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Proposed Rule to Amend FAR, Information on Corporate Contractor Performance and Integrity - The Department of Defense (DoD), General Services Administration (GSA),...more

Fifth Commandment of Government Contractors: Thou shalt document thy actions

When Congress was contemplating the passage of the Federal Acquisition Streamlining Act of 1994 (FASA), and its companion statute, the Federal Acquisition Reform Act of 1995 (FARA), many pundits predicted that their enactment...more

Government Contracting, The False Claims Act and the Art of Voluntary Disclosures

With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big...more

Coming Soon: New Requirements for Federal Contractors Regarding Human Trafficking

In the coming weeks, the U.S. federal government is expected to release amendments to the Federal Acquisition Regulation (“FAR”) that are intended to strengthen existing prohibitions against human trafficking by federal...more

Weekly Update Newsletter - May 2014 #1

In this issue: - DoD, GSA, and NASA Issue the Small Entity Compliance Guide - SBA Isn’t Ready to Boast Yet, But All Agencies Have Met Their Small Biz Contracting Goals - House Passes Measure to Ban...more

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts....more

Weekly Update Newsletter - March 28, 2014

In this issue: - DoD Issues Notice to Alter System of Records Entitled T7207 “General Accounting and Finance System-Defense Travel Records (GAFS-DTS)” - DoD, GSA, and NASA Issue Proposed Rule to Amend FAR Year...more

Firm-Fixed Price? No Need To Budge

In this era of strict budgets and an ever-increasing emphasis on lowering prices and costs, it’s no surprise that contractors are feeling pressure from procurement officials to provide the lowest prices possible. Such...more

Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS

Confronted with an unfavorable interim or final Contractor Performance Assessment Report System ("CPARS") rating, the first question clients ask us is, "What can we do?"...more

The Benefits of Intervention

You’ve just secured a high dollar government contract award. After weeks of proposal preparation effort, thousands of dollars in costs, and months of waiting, your business stands to receive a major boon. Then comes the...more

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

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