Federal Acquisition Regulations (FAR)

News & Analysis as of

Internal Confidentiality Agreements: 5 Things all Government Contractors Need to Know About the New Proposed FAR Rule

On January 22, 2016, the Federal Acquisition Regulatory (FAR) Council issued a Proposed Rule prohibiting government contractors from using internal confidentiality agreements to restrict employees or subcontractors from...more

Proposed Rule Would Restrict Confidentiality Agreements Between Contractors and Their Employees

On January 22, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration proposed a new rule that would amend the Federal Acquisition Regulation to implement a section...more

New Rule Requires Federal Contractors to Disclose Federal Tax Delinquencies and Felonies

On December 4, 2015, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration issued an interim rule amending the Federal Acquisition Regulations to implement sections...more

Trade Agreements Act Updates for 2016 – New Year, Lower Thresholds

Every two years, the U.S. Trade Representative updates the dollar values at which certain international trade agreements apply to certain types of U.S. government contracts. This means that certain contracts over the dollar...more

Human Trafficking Is Forbidden by Government Contracts. But What Is “Human Trafficking”?

FAR 52.222-50 prohibits “human trafficking.” To quote the current GEICO TV commercials, “Everybody knows that.” But do you know exactly what the FAR prohibits? The answer includes some obvious pernicious acts, but it also...more

What’s In Store for Federal Contractors in 2016?

In 2015, the Office of Federal Contract Compliance Programs (OFCCP) tackled what many believe was its most ambitious agenda since the agency’s inception. In 2016, we can expect more of the same—the Obama administration...more

US Government Contractors Face Another Reporting Obligation under Proposed Rule for Payment of Subcontractors

If adopted as proposed, the costs to government contractors to implement changes necessary to meet the reporting obligations could be substantial. On January 20, the Department of Defense, General Services...more

Proposed Federal Rule Would Proscribe Contractor Confidentiality Agreements that “Restrict” Employees And Subcontractors from...

A recently proposed amendment to the Federal Acquisition Regulation precludes Federal contractors from entering into a confidentiality agreement with an employee or subcontractor that “prohibit[s] or otherwise restrict[s]”...more

Weekly Update Newsletter - January 2016 #2

GOVERNMENT CONTRACTS - Payment of Subcontractors - DOD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation to implement the section of the Small Business Jobs Act of 2010 that requires...more

Lessons from the DOD Procurement Management Review Program Annual Newsletter

he Department of Defense Procurement Management Review Team is tasked with analyzing and assisting the effectiveness of the DOD’s procurement and contracting function. The PMR team recently released its second annual...more

It’s Subcontracting Plan Review Season. Are You Prepared?

After subcontracting plan reports are due in October, SBA starts sending out letters to the firms selected for a compliance review. These letters start going out late in the year, with the compliance reviews scheduled for...more

The House Small Business Committee Releases a Spate of Small Business Legislation

On the heels of a GAO report calling for more leadership attention to be paid to SBA’s “management challenges,” a number of bills have been referred to the House Small Business Committee since the new year started, calling...more

Required 2016 Minimum Wage Poster for Federal Contractors Available

The U.S. Department of Labor has updated its 2016 minimum wage poster to reflect new requirements imposed by the February 12, 2014, Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. The E.O. requires...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers

Volume 1 – The Structure of the Deal and Government Consent - With today’s posting, we begin a ten-part series on unique issues that arise in connection with the acquisition or disposition of a company that performs...more

What Does California’s New E-Verify Law Mean For Employers?

Our blog post on January 5, 2016 summarized California’s new E-Verify law and other updates. So what should California employers do differently now with respect to I-9s and E-Verify? Enrollment in E-Verify remains voluntary...more

Weekly Update Newsletter - January 2016

GOVERNMENT CONTRACTS - 2016 Adverse Effect Wage Rates - Effective December 22, 2015, the Employment and Training Administration of the Department of Labor (Department) announced the 2016 Adverse Effect Wage Rates...more

DoD, GSA, and NASA Issue Interim Rule on WOSB Sole Source Authority

Effective December 31, 2015, DoD, GSA, and NASA have issued an interim rule amending the FAR to implement regulatory changes made by the SBA that provide for EDWOSB/WOSB sole source authority. Implementation of these sole...more

Mastering Price Adjustments for Increases in the Contractor Minimum Wage

The Department of Labor (DOL) recently announced that the applicable minimum wage rate to be paid to workers performing work on or in connection with Federal contracts covered by Executive Order 13658 (the “Order”) will...more

Congress Approves Spending and Tax Measures; Key Labor and Employment "Riders" Omitted from Bipartisan Funding Agreement

Considered the last legislative feat of 2015, Congress approved a massive tax and spending package on Friday that includes some positive and negative provisions for employers. The Omnibus Appropriations Act funds the federal...more

How Can You Tell If a Protest Debriefing Is Required?

We are often contacted by a contractor soon after the company learns that its proposal was not selected for award, with the contractor is considering whether to file a bid protest. When a contractor is deciding whether or not...more

Small Business Subcontracting Plans: End of Year Roundup

If you have been following the latest news on subcontracting plan requirements, you will know that the landscape has been rapidly shifting over the past year. In response to various statutory mandates from Congress, both SBA...more

Small Business Goodies in the National Defense Authorization Act

Often the House and Senate Small Business Committees utilize the annual National Defense Authorization Act (NDAA) to effectuate changes for small business. The NDAA must pass each year, so it is a useful vehicle upon which to...more

Comments on the Proposed Rule Regarding Credit for Lower Tier Small Business Subcontracting

Dear Ms. Fernandez: We are writing to submit comments on the above-referenced Proposed Rule, issued October 6, 2015, 80 Fed. Reg. 60,300, to amend the U.S. Small Business Administration’s (“SBA”) regulations pertaining...more

An Evolving Landscape: Timeliness of government disallowance of expenses contained in incurred cost proposals may depend on...

The last three years have seen a run of Contract Disputes Act (CDA) statute of limitations (SOL) cases involving contractor incurred cost proposals (ICP). The sledding has been more difficult for contractors after the Federal...more

Agencies Issue Final Rules Governing Contractor Minimum Wage, Whistleblower Protections

On December 4, 2015, three federal agencies published a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. The same day, the...more

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