Federal Acquisition Regulations (FAR)

News & Analysis as of

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

Did the FAR Lose Its Mojo in the Government Contracts World? Depends

It’s not everyday that you read about one of your longtime heroes, the Federal Acquisition Regulations (“FAR”), losing some of its mojo. The Nash & Cibinic Report read as follows: “The FAR: Does It Have Contractual Force and...more

Hail to . . . The Contracting Officer in Chief? - Donald Trump, Lockheed Martin and the Art of the Government Deal

The art of the deal in government contracts is much more complex than in the private sector because public policies and principles attach to the use of public funds. President Donald Trump has made his federal...more

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts. The proposed rule...more

"Trump Expected to Alter Labor Laws, Policies"

Editor’s note: This article was updated on February 1, 2017, to reflect new developments. While President Donald Trump has not discussed in detail how he plans to address labor and employment issues, he likely will...more

What’s Next Under the Congressional Review Act?

As we reported, the House and Senate have passed a joint resolution under the Congressional Review Act disapproving the SEC Resource Extraction Rule and that President Trump was expected to sign the legislation that...more

GAO Urges Transparency in GSA Leasing Practice for Foreign-Owned Real Estate

On January 3, 2017, the United States Government Accountability Office (GAO) delivered a report to Congress recommending that the General Services Administration (GSA) inform tenant agencies when leasing high-security space...more

Court of Federal Claims Applies a 150 Employee Size Standard to ITVAR Non-Manufacturers

The Court of Federal Claims (“Court”) has issued a bid protest decision which stated, in apparent dicta, that a concern must satisfy a 150-employee standard under the Information Technology Value Added Resellers (“ITVAR”)...more

Congress to Take Action to Undo the Contractor Blacklisting Rule

House Majority Leader Kevin McCarthy announced on the House Floor today that Congress will take direct aim at formally rescinding "Fair Pay and Safe Workplaces", also known as the contractor "blacklisting" rule. We have...more

The Risks and Implications of Failing to Comply with U.S. Government Cyber and IT Requirements

This article summarizes some of the many risks and implications that are associated with failing to comply with U.S. government-unique cyber and information technology requirements. We are often asked by small and...more

Prime Contractors Beware: Reduced or Untimely Subcontractor Payments May Require Reporting

A new Federal Acquisition Regulation (“FAR”) final rule that implements a section of the Small Business Jobs Act of 2010 requires certain prime contractors to “self-report” to their contracting officers all reduced or...more

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

E-Verify for Federal Contractors

E-Verify is a voluntary program for most employers, but mandatory for some, such as employers with federal contracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause. Executive Order 12989 requires...more

President Trump's Regulatory Freeze May Impact Recently Enacted Labor and Employment Rules

On January 20, 2017, White House Chief of Staff Reince Priebus issued a memorandum addressed to the heads of executive departments and agencies, including the Department of Labor (DOL), instructing them to freeze new or...more

Expecting the Unexpected: Federal Procurement Under Trump

Federal contractors (and their lawyers) have spent much of the past two months trying to anticipate how federal procurement law and policy may change under the incoming Trump Administration. The first factor to note, which...more

New FAR Changes Incentivize Prime Contractors Not to Be Deadbeats in Meeting Their Payment Obligations to Their Small Business...

One common complaint we hear from our subcontractor clients is “HOW CAN WE GET PAID????” Our experience has shown that whether through inadvertence, lack of subcontract management resources – or even as a predatory business...more

Hot Topics in Supply Chain Compliance

The last few years have seen a proliferation of new supply chain-focused regulations and other compliance obligations, a trend which isn’t likely to abate any time soon. In this Alert, we provide an overview of selected...more

Government Contractors: Time to Ditch Those Confidentiality Agreements

On January 19, 2017, a new Federal Acquisition Regulation (“FAR”) went into effect prohibiting the government from contracting with companies that utilize confidentiality agreements that restrict employees or subcontractors...more

New Administration Orders Freeze of Pending Regulations, Takes Aim at the Affordable Care Act

One of the first acts of the new Administration on Inauguration Day was to issue a memorandum putting the brakes—at least temporarily—on federal regulations that have not yet taken effect, and to release an executive order...more

The Department Of Homeland Security Proposes New Rules Affecting Federal Government Contractors

This week, the Department of Homeland Security (“DHS”) issued three proposed rules expanding data security and privacy requirements for contractors and subcontractors. The proposed rules build upon other recent efforts by...more

Weekly Update Newsletter - January 2017 #3

GOVERNMENT CONTRACTS - Recognition of Tribal Organizations for Representation of VA Claimants - The Department of Veterans Affairs (“VA”) is amending its regulations concerning recognition of certain national,...more

EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements

Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect. The Rule prohibits the government from contracting with companies that...more

Alert: New Privacy Training Requirements for Companies with Federal Government Contracts

Effective January 19, 2017, companies awarded federal government contracts will be required to ensure that their employees receive annual privacy training if those employees (1) handle personally identifiable information...more

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