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Federal Acquisition Regulations (FAR)

Weekly Update Newsletter - May 2017 #2

by PilieroMazza PLLC on

DEPARTMENT OF VETERANS AFFAIRS - Proposed Rule to Revise and Streamline VA Acquisition Regulation To Adhere to Federal Acquisition Regulation Principles - The Department of Veterans Affairs (“VA”) is proposing to amend...more

DOD Audit Highlights Need for Proactive Contractor Diligence in Past Performance Evaluations

by Reed Smith on

A poor past performance evaluation of a contractor’s performance can be the kiss of death to that contractor’s ultimate success in the federal marketplace. A contracting official’s assessment of a rating lower than “very...more

President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

“We will have two simple rules when it comes to this massive rebuilding effort, buy American and hire American” – President Donald Trump On April 18, 2017, President Trump signed Executive Order No. 13788 implementing his...more

Postal Service Contractor? Would-be Contractor? A Look inside the U.S. Postal Service Bid Protest Process

Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procurements by the U.S. Postal Service (USPS)....more

Risky Business — Intracompany Transfers at Price v. Cost

The FAR cost principles and their DAR and ASPR predecessors have long provided that “materials, supplies, and services” can be transferred between “divisions, subdivisions, subsidiaries, or affiliates of the contractor” at a...more

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things

by Burr & Forman on

Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more

Preparation Is Key to Post-Award Debriefing for Government Contracts

by Pepper Hamilton LLP on

The primary goal of offerors’ requesting a debriefing after a government contract is awarded is to learn what they can do to make their proposals more attractive for future procurements. Even the winning proposal is likely...more

Confidentiality Agreement Rule Poses New HR-related Compliance Burden for Contractors

by Hogan Lovells on

While contractors (and their HR departments) dodged a serious bullet with Trump’s recent invalidation of the 2016 FAR blacklisting rule, they need to be alert to a new HR-related compliance requirement as a result of a rule...more

AEIOU and Sometimes IDIQ – Indefinite Delivery/Indefinite Quantity Contract Use Remains Proportional.

As we previously discussed both on this blog and elsewhere, observational and indirect evidence told us that the use of Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracts was expanding. As it turns out, from...more

Top labor and employment developments in 2017 for ADG companies

by Hogan Lovells on

U.S. presidential administrations historically have sought to use the federal procurement system, and specifically the regulations that apply to contractors and subcontractors, as a means to implement policies that would...more

Federal Contractors Beware - DHS Proposes Robust Cybersecurity Procurement Regulation to Safeguard Controlled Unclassified...

First and foremost, the proposed Department of Homeland Security (DHS) regulation to safeguard CUI is internally inconsistent or at the very least ambiguous. It appears to conflate the protection of CUI on a federal...more

What Every Contractor Should Know About Requests for Equitable Adjustment

by PilieroMazza PLLC on

Government contractors quickly learn to expect the unexpected. While working on a construction contract, a contractor may encounter undisclosed utility lines 15 feet underground. Or, an information technology support...more

Time to Review Internal Confidentiality Agreements

by Foley & Lardner LLP on

There’s not a whole lot of new ground to cover as to why an employer or contractor would want to implement confidentiality agreements. However, forcing them on workers is a whole different story....more

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more

President Trump Kills Fair Pay and Safe Workplaces Federal Contractor Rule

President Trump signed legislation ending Obama-era federal rules requiring contractors to disclose federal labor law violations as part of the federal contracting process. The rules would have appointed a contracting officer...more

President Trump Repeals DOL “Blacklisting” Rule

by Foley Hoag LLP on

On March 27, 2017, President Trump signed a bill repealing the U.S. Department of Labor’s Fair Pay and Safe Workplaces regulation. The President’s action ends any uncertainty surrounding the status of the rule, dubbed the...more

Blacklisting Executive Order Blacklisted

President Obama and his EO’s - Remember the Blacklisting Order that required federal contractors to provide a rap sheet with a proposal? No? Well, President Obama issued 275 Executive Orders during his two terms on...more

President Trump Rescinds the Blacklisting Executive Order

On March 27, 2017, President Trump took the much-anticipated action of rescinding President Obama’s Fair Pay and Safe Workplaces Executive Order 13673 and its underlying regulations (the “Blacklisting Rules,” as it became...more

GSA IG Questions Pricing Evaluation of Professional Services Schedules

by Morgan Lewis on

GSA is reevaluating price reasonableness for all new consolidated PSS schedules, which may result in requests for price reductions or even post-award audits for some contractors....more

BREAKING: Blacklisting Rule Is Officially and Completely Dead

This week (March 27, 2017), President Trump signed into law a Congressional Joint Resolution of Disapproval (the Resolution”), revoking the rules implementing the controversial Fair Pay and Safe Workplaces Executive Order,...more

President Trump Revokes President Obama's "Blacklisting" Executive Order

by Clark Hill PLC on

On March 27, 2017, President Trump signed legislation, under the Congressional Review Act, blocking regulations and guidance governing Executive Order 13673, "Fair Pay and Safe Workplace," commonly called the "Blacklisting"...more

President Trump Repeals Contractor “Blacklisting” Rule

Former President Obama’s so-called “Blacklisting” rule was short-lived. On Monday, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of...more

Trump Signs Legislation and Issues Order Ending Obama-Era Fair Pay and Safe Workplaces Executive Order

by Jackson Lewis P.C. on

The nearly three-year journey of Executive Order 13673: Fair Pay and Safe Workplaces, which President Barack Obama signed in July 2014, is officially over. Federal contractors will not be required to report alleged labor...more

Construction E-Note - March 2017

by Burr & Forman on

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

by Bass, Berry & Sims PLC on

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

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