News & Analysis as of

Federal Acquisition Regulations (FAR)

Subcontractor Size Status Representations – Not Identical to Rules Governing Prime Contractors

by PilieroMazza PLLC on

If you are a prime contractor with a small business subcontracting plan, you may wonder “when” a small business subcontractor should render its size representation, and what are the subcontractor’s obligations to rerepresent...more

5 Key Takeaways: Protecting Your IP When Government Contracts Are Involved

Larry Prosen and Gunjan Talati, partners in Kilpatrick Townsend’s Government Contracts and Construction & Infrastructure Group, recently presented on an issue of growing importance -- “Protecting Your IP When Government...more

Recertifications of Size or Status: What Contractors Need to Know

by PilieroMazza PLLC on

Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more

Comments on Notice–MV–2017–01, Evaluation of Existing Acquisition Regulations

by PilieroMazza PLLC on

The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs,...more

When is an Unforeseen Condition a “Differing Site Condition”?

by Gray Reed & McGraw on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

NDAA Section 811: New Waiver Authority—What Does It Mean?

by Blank Rome LLP on

The Senate’s markup of the 2018 National Defense Authorization Act (“NDAA”) adds new language to 10 U.S.C. § 2304 that would give the Secretary of Defense authority to waive provisions of law that result in only one...more

ASBCA Grants $253 Million Northrop Post-Retirement Benefits Claim

by Blank Rome LLP on

Pension and other post-retirement benefit expenses have long constituted a substantial obligation on the part of contractors under cost-type contracts and are often the subject to disputes with the government as to the...more

The Financially Distressed Subcontractor on a Government Contract: What a Prime Contractor Should Do to Protect the Project and...

Some bankruptcy experts predict an increase in business failures for government contractors in the coming years. Increased demands and constraints on government spending will stress both prime contractors and subcontractors....more

DOL Introduces Dual Fringe Rates for SCA

The U.S. Department of Labor (DOL) has announced its annual adjustment for the SCA Health and Welfare (H&W) Fringe Benefits rate for all wage determinations issued on or after August 1, 2017. While DOL typically adjusts this...more

GSA Has Created a Separate Category for Companies Selling Health IT Services – Creating an Unparalleled Opportunity for Such...

Health Information Technology (“IT”) is one of the fastest-growing fields in the IT industry, in part due to a spurt of government technology modernization initiatives. After seeing skyrocketing demand across federal...more

Weekly Update Newsletter - July 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - “Proposed Information Collection Request; Federal Contractor Veterans' Employment Report VETS-4212.” Federal Register, July 18, 2017. Retrieved from federalregister.gov. The Veterans'...more

No Company is an Island – Part 1: Subcontractor Affiliation

by Williams Mullen on

Government Contractors often determine that going it alone is not the best business decision. Whether a small business trying to break into a new industry or a large business seeking niche expertise to support a particular...more

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

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

Pay Attention to Your Surroundings: Contractor Denied Recovery for Differing Site Conditions Where Condition was Well-Known in the...

The Civilian Board of Contract Appeals (“Board”), the court with jurisdiction over the General Services Administration and other non-defense executive agencies, denied a contractor’s claim for increased labor and equipment...more

Licensing Third Party Software for Use in Federal Contracts

by PilieroMazza PLLC on

In the IT sector, it is common for contractors with relationships to various federal agencies to have top-tier talent in-house to provide high quality IT services. Some vendors even have programmers and software engineers...more

Contractor Alert: The Importance Of Claim Certifications And Appeal Deadlines

by Fox Rothschild LLP on

Contractors seeking to recover additional time and/or costs on government contracts typically choose to proceed with either a Request for Equitable Adjustment (REA) or a Claim. These remedies fall under the general umbrella...more

Deficient Administrative Record Leads Federal Court to Vacate 15-Year Debarment

by Blank Rome LLP on

A recent federal court decision vacating a staggering 15-year debarment based on shortcomings in the administrative record offers a glimmer of hope to contractors facing exclusion from federal programs, and reinforces the...more

What a New ‘Space Corps’ Military Branch Could Mean for Government Contractors

by Reed Smith on

The House and Senate Armed Services Committees recently completed their respective markups of the 2018 National Defense Authorization Act (NDAA). The House version requires the Pentagon to establish the “U.S. Space Corps” –...more

Weekly Update Newsletter - July 2017

by PilieroMazza PLLC on

CAPITOL HILL - “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce...more

Post-Award Protest Primer: Part 2

Part 2: Debriefings - You just received an email: “We appreciate your interest in the XYZ procurement. The Agency determined that your proposal did not represent the best value to the Government. Award has been made to...more

Removal Of Fair Pay And Safe Workplaces Rule Imminent: GSA Issues Interim Memorandum

by Jackson Lewis P.C. on

Rulemaking is underway to amend the Federal Acquisition Regulation (FAR) to remove the Fair Pay and Safe Workplaces Final Rule, the General Services Administration has said in guidance to federal agencies instructing them not...more

ASBCA alters the definition of expressly unallowable costs implicating penalties

by Dentons on

The Armed Service Board of Contract Appeals (“ASBCA”), in its recent decisions, continues to back away from its previous definition of expressly unallowable costs. In previous decisions, the ASBCA only found expressly...more

Part 2: Federal Government Contract Debriefings, The Ten Commandments, Nos. VI - X

by Williams Mullen on

In this blog post, we present Nos. VI - X of the Ten Commandments for Debriefings. These were developed over the years as best practices for government contractors with input from the entire spectrum of interested parties –...more

Weekly Update Newsletter - June 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - “GSA Adds Hundreds of Small Businesses to the 8(a) STARS II GWAC Contract.”GSA Press Release, June 15, 2017. Retrieved from gsa.gov. The GSA 8(a) STARS II Governmentwide Acquisition Contract...more

Thornberry Acquisition Reform Bill Contemplates DoD’s Use of Online Marketplaces to Purchase COTS Products

by Holland & Knight LLP on

Imagine if a DoD agency could purchase commercial-off-the-shelf products of any value simply by placing an order at an Amazon-like website – no need for solicitations, quotes, evaluation, or detailed price analysis and...more

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