Federal Acquisition Regulations (FAR)

News & Analysis as of

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers

Volume V—The Land Mines Strewn Throughout the Data Room - M&A transactions, like most transactions in life, involve a cost/benefit analysis. Some cost/benefit analyses are relatively easy to perform. For example, if I...more

GSA Issues Notice Concerning Trade Agreements Act and “Made in America” Compliance

On May 5, 2016—without advance warning—thousands of U.S. General Services Administration (GSA) Multiple Award Schedule (MAS) contract holders received a notice requiring them to verify—within one week—the country of origin...more

Weekly Update Newsletter - May 2016 #2

LABOR AND EMPLOYMENT - Overtime Final Rule - The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”)...more

"MADE IN AMERICA" : GSA Stepping Up Trade Agreements Act Compliance Enforcement

Government Contractors should be aware that the General Services Administration ("GSA") is taking a more aggressive approach to policing Contractor compliance with the Trade Agreements Act ("TAA") among GSA Schedule contract...more

FAR Information System Security Standards Rules Finalized

The U.S. federal government announced on May 16, 2016, new Federal Acquisition Regulation (FAR) rules that set high-level standards for the basic safeguarding of contractor information systems that process, store or transmit...more

Final Blacklisting and Contractor Paid Sick Leave Rules Slated for Late Summer Publication, According to Spring Regulatory Agenda

Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the...more

False Claims Act Trends: Technical Data, Software And IP

Government contracting has never been easy. But occasionally it is exciting, at least at the outset: Figuring out how to prepare the most competitive proposal and landing a significant contract are memorable achievements...more

Bid Protest Strategy: What Every Contractor Needs to Know

Overview - - Making the decision to protest and what you can expect - When, where, and why to file - Common pre- and post-award protest arguments - The strongest arguments - Defending your award...more

Final Government Contractor Basic Data Security Rule Issued

On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more

It’s Arrived! FAR Final Rule Addressing “Basic Safeguarding of Contractor Information Systems”

After nearly four years of planning and comments, DoD, GSA, and NASA issued a final rule today amending the Federal Acquisition Regulations (“FAR”) with a new Subpart 4-19 and a new contract clause 52.204-21 addressing the...more

Weekly Update Newsletter - May 2016

GOVERNMENT CONTRACTS - DFARS: Multiyear Contract Requirements - DOD issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - May 2015

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: new private and public initiatives on recruitment fees, including...more

Contractor Blacklisting for Defense Contractors? The HASC Says “Not So Fast”

At last, we have a little good news for government contractors. By a vote of 34–28 taken late in the evening on April 27, 2016, the House Armed Services Committee (HASC) adopted a measure that would block the application of...more

Senator Tom Carper Questions Office Of Management And Budget Regarding Emerging Cybersecurity Technologies

On April 8, 2016, U.S. Senator Tom Carper, the ranking Democratic member of the Senate Homeland Security and Governmental Affairs Committee, sent a letter to Shaun Donovan, Director of the Office of Management and Budget...more

Data Rights Under Federal Government Contracts: What Are Data rights?

Data rights under federal government contracts create confusion from both the government and the contractor perspectives. There is substantial misunderstanding as to the purpose of the data rights regulations and the limits...more

10 Signs That a Contract May Give Rise to an OCI

As many contractors are all too aware, OCI stands for “organizational conflict of interest.” An OCI arises when, because of other relationships or circumstances, a contractor may (1) be unable to render impartial advice or...more

Demands For Broader Disclosure Of Corporate Affiliations: Federal Contractors Subject To Yet Another Public Disclosure Rule

The trend toward increasing disclosure obligations as a condition of doing business with the federal government continues, as a new rule that goes into effect on April 6, 2016, will require contractors to publicly disclose...more

Lobbying Restrictions for Federal Contractors - The Byrd Amendment

Several federal contractors have been in the news recently for potentially engaging in prohibited lobbying activity. Both the Department of Justice and the Department of Defense Inspector General have been focusing on this...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers

Volume 3—What Happens to Pending Proposals? Thus far in this ten-part series, we have discussed whether and how existing contracts with the Government can be transferred to the buyer or surviving entity when an...more

Amendments to the FAR on Tracking Corporate Performance, Representations, and Certifications

Recently, the Federal Acquisition Regulations (FAR) was amended to better track corporate performance of affiliated companies. In short, this is rule is likely designed to combat entities that had issues performing federal...more

Weekly Update Newsletter - March 2016 #2

GOVERNMENT CONTRACTS - Information on Corporate Contractor Performance and Integrity - DOD, GSA, and NASA issued a final rule amending the FAR to implement section 852 of the NDAA for Fiscal Year 2013 to include, in...more

Schumer Alleges False “Made in America” Representations on GSA Website: False Claims Act Inquiry to Follow?

Sen. Charles Schumer recently alleged, in a letter to the General Services Administration (GSA), and in an associated press release, that the U.S.Government’s policy of purchasing American-made products is being thwarted by...more

Understanding the Scope of Federal Supply Schedule Labor Category Descriptions: Risks and Opportunities Presented by the GAO’s...

In a Federal Supply Schedule (“FSS”) procurement conducted under FAR Subpart 8.4, all items quoted and ordered by the agency are required to be available on the vendor’s schedule contract as a precondition to its receiving...more

DOL Publishes Proposed Rules Requiring Paid Sick Leave for Federal Contractors

Following up on Executive Order 13706 from September 2015 (the “Order”), earlier today the United States Department of Labor (“DOL”) took a major step toward extending paid sick leave benefits to employees of federal...more

Time for A Check Up of Your Firm's Compliance with Government Contracting Standards

Some of you may recall that, back in the 1970s, the legendary actor John Wayne appeared in public service announcements urging people to undergo a “check-up.” Now that the New Year has begun, it is a good time for small...more

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