Federal Acquisition Regulations (FAR)

News & Analysis as of

Construction E-Note - March 2017

In an article published on March 10, 2017 by Construction Executive, Meghan Cox provides guidance on how businesses can reduce the risks associated with violence in the workplace and how businesses should handle this violence...more

Ding Dong the Regulation’s Dead! – Trump Finalizes Statutory Repeal of the Fair Pay and Safe Workplaces Rule

As we previously reported, Congress has taken its final steps in repealing Obama’s Fair Pay & Safe Workplaces rule, one of the most controversial rules enacted by the Federal Acquisition Regulatory (FAR) Council under...more

It’s Official: Blacklisting Executive Order Revoked

As anticipated, President Trump has put an end to Executive Order 13673 – Fair Pay & Safe Workplaces, also known as the “blacklisting” executive order. As expected, the President signed legislation disapproving of the...more

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services. It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government....more

Organizational Conflicts of Interest: An Issue That Requires Government Contractors To Be Proactive

In an effort to ensure there is no OCI or that your mitigation plan is effective and timely implemented, government contractors must be proactive when reviewing the agency’s needs in light of its mission, the solicitation,...more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to...more

Are Your Federal Contractor Employees Required To Have Privacy Training?

The Federal Acquisition Regulations were recently updated to include a requirement that certain federal contractors provide privacy training to some of their employees. The training obligation does not apply to all employees...more

Congress Overturns Fair Pay Safe Workplaces: GOP Deregulation Continues

Government contractors concerned over the potential impact of President Obama’s 2014 Executive Order 13673 "Fair Pay and Safe Workplaces" (EO) can breathe a sigh of relief. On March 6, 2017, the US Senate narrowly approved...more

New Privacy Training Requirement for Certain Federal Government Contractor Employees

Federal government contractors are now required to provide annual privacy training for employees who (1) have access to a system of records, (2) handle personally identifiable information (PII), or (3) design, develop,...more

Fair Pay and Safe Work Places Goes to President Trump

March 6, 2017, by a vote of 49-48, the Senate passed a house joint resolution disapproving the final rule implementing Executive Order 13673, Fair Pay and Safe Workplaces. The House previously passed the resolution in...more

Senate Votes to Disapprove Obama-Era Fair Pay and Safe Workplaces Executive Order

The U.S. Senate has passed, by a single-vote margin, a joint resolution previously passed by the U.S. House that “disapproves” President Barack Obama’s 2014 Executive Order 13673: Fair Pay and Safe Workplaces, often called...more

Senate Votes to “Disapprove” Blacklisting Regulation

By a narrow margin of 49-48, the Senate has voted to “disapprove” President Obama’s much challenged Executive Order 13673: Fair Pay and Safe Workplaces, which required the mandatory reporting of labor violations for...more

Congress Boots the "Blacklisting" Regulation and Sends it to the President’s Desk

On March 6, 2017, on a narrow straight party line vote of 49–48, the U.S. Senate passed a Congressional Review Act (CRA) Joint Resolution of Disapproval, which moots Executive Order (EO) 13673, "Fair Pay and Safe...more

“Regulatory Reform” to Change Government Contracting?

On Friday, February 24, 2017, President Trump issued an Executive Order aimed at reducing burdensome regulations. Pursuant to the E.O., agencies will be required to create teams that will “research all regulations that are...more

Senate Joins House in Passing CRA Resolution to Invalidate Contractor Blacklisting Rules

On March 6, 2017, by a party-line vote of 49-48, the United States Senate passed a resolution of disapproval (H.J. Res. 37) pursuant to the Congressional Review Act, to preclude enforcement of the Federal Acquisition...more

Federal Court in Idaho Rules That a Government Contractor May Recover Consultant Fees, So Long as Those Fees Were Incurred in...

The United States Department of Veterans Affairs (the “VA”) contracted with Sygnos, Inc. (“Sygnos”) for improvements to the electrical system at a VA hospital in Boise, Idaho. Sygnos subcontracted a portion of the work to...more

Novation of Government Contracts: How to Prepare for and Receive Government Approval

Government contractors, so long as consistent with statute and regulation, should coordinate with the government regarding novation issues to best position themselves for acceptance of proposed novations....more

Time to Review Internal Confidentiality Agreements

Effective January 19, 2017, pursuant to Federal Acquisition Regulation (FAR) clause 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, federal government contractors are prohibited...more

Government Contracts: Advantages for Small Business Concerns

Linda McMahon, former chief executive officer of World Wrestling Entertainment, was confirmed by the Senate on February 14, 2017, to lead the Small Business Administration (SBA). It’s expected her work will revolve...more

Taking Credit for Subcontractor Past Performance

- Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules. - Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider...more

DC Circuit joins other circuits in enforcing Escobar's strict materiality requirement: key takeaways

The DC Circuit has affirmed summary judgment against the relator in United States ex rel. McBride v. Halliburton Company, et al, a False Claims Act (FCA) case alleging defendants-appellees (collectively, KBR) inflated...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

Congress Strikes Blow to “Fair Play and Safe Workplaces”

For the last few months, we have been following the troubled rollout of the “Fair Play and Safe Workplaces” rules, an Obama-era Executive Order that placed new requirements on contractors prohibiting certain labor practices....more

Government Contracts Legislative and Regulatory Update - February 2017

Our February edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of January....more

5 FAQs on the New Federal Contractor Privacy Training Requirement

Federal government contractors must comply with new privacy training procedures as a result of a final rule issued by the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and...more

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