Federal Acquisition Regulations (FAR)

News & Analysis as of

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

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

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