News & Analysis as of

Federal Acquisition Regulations (FAR)

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

Part 1: Federal Government Contract Debriefings, The Ten Commandments, Nos. I - V

by Williams Mullen on

This blog post is titled “Part 1: Federal Government Contract Debriefings, The Ten Commandments, Nos. I - V.” Of course, these Ten Commandments are not handed down from on high. And they are not carved in stone. But they...more

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions. We address below decisions...more

GSA Seeks Input On Repeal, Replacement, and Modification of Policies and Regulations

On Tuesday, May 30, 2017, the GSA issued a request for comments seeking “input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales...more

Proposed Amendments to VA Acquisition Regulations—What VA Contractors Need to Know

by Reed Smith on

The U.S. Department of Veterans Affairs (“VA”) has issued a proposed rule to amend and update the VA Acquisition Regulation (VAAR), and to bring it “in line” with the broader Federal Acquisition Regulation (FAR). Federal...more

What to Expect When You Are Expecting a Price Adjustment: The ABCs and CBAs of Increased Labor Rates

by PilieroMazza PLLC on

The Agency accepted your bid and you have begun performance on the contract. You invested countless hours and dollars into providing the perfect, winning bid. But then the unthinkable happens, several months into...more

What’s that Cybersecurity FAR Clause Doing In My Contract?

by PilieroMazza PLLC on

Many contractors we talk to believe that cybersecurity requirements are exclusively a concern of contractors working with DoD or with highly-classified, top secret projects. While perhaps true to some degree in the past, that...more

On-Time Bid Proposals—Not a Second Too Late

by Reed Smith on

Submitting your company’s bid proposal close to the deadline can be risky and have grave consequences. The government has repeatedly rejected proposals submitted before, but received after, the deadline because of technical...more

House Armed Services Committee Takes Aim at GSA with Proposed Legislation

On May 18, 2017, House Armed Services Committee Chairman Mac Thornberry introduced H.R. 2511, titled “The Defense Acquisition Streamlining and Transparency Act.” The bill drastically would change how commercial off-the-shelf...more

ASBCA Throws DCAA Another Brushback Pitch

In an April 2017 decision, the Armed Services Board of Contract Appeals (ASBCA) once again rejected the position of the Defense Contract Audit Agency (DCAA) that a cost or type of cost for which allowability depends on the...more

Late is Late: A Guide To Delivering Electronic Proposals On Time

by Fox Rothschild LLP on

This is not a unique story – but there is still a lesson for Federal contractors to learn. A recent GAO decision considered an electronic proposal submitted by email just prior to the 4:00 p.m. deadline. Although the...more

Privacy Training Requirements for Federal Contractors

by Foley & Lardner LLP on

Under a final rule issued by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), effective January 19, 2017, federal government contractors must...more

FAR 52.204-21 And The Future Of Federal Cybersecurity Enforcement

by Fox Rothschild LLP on

Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in...more

Hiring Incumbent Staff: GAO Says You Get What You Pay For

by K&L Gates LLP on

When an agency evaluates a proposal for the award of a cost-reimbursement contract or order, an offeror's proposed costs are not dispositive. Regardless of the costs proposed, the government is bound to pay the contractor its...more

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

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Cybersecurity

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