Federal Acquisition Regulations

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Weekly Update Newsletter - March 28, 2014

In this issue: - DoD Issues Notice to Alter System of Records Entitled T7207 “General Accounting and Finance System-Defense Travel Records (GAFS-DTS)” - DoD, GSA, and NASA Issue Proposed Rule to Amend FAR Year...more

Firm-Fixed Price? No Need To Budge

In this era of strict budgets and an ever-increasing emphasis on lowering prices and costs, it’s no surprise that contractors are feeling pressure from procurement officials to provide the lowest prices possible. Such...more

Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS

Confronted with an unfavorable interim or final Contractor Performance Assessment Report System ("CPARS") rating, the first question clients ask us is, "What can we do?"...more

The Benefits of Intervention

You’ve just secured a high dollar government contract award. After weeks of proposal preparation effort, thousands of dollars in costs, and months of waiting, your business stands to receive a major boon. Then comes the...more

Cybersecurity: Coming Soon to a Government Contract Near You

Do you want to be eligible for government contracts in the future? Per President Obama’s Cybersecurity Executive Order, a DoD and GSA joint working group recently recommended how cybersecurity can be implemented in federal...more

GovCon Research Report: October - December 2013

In This Issue: - National Defense Authorization Act Of Fiscal Year 2014 - OMB Final Guidance - Key Federal Acquisition Regulation Updates - Defense Contract Audit Agency Guidance - Key Defense Federal...more

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

Affiliates of Indicted Contractor May Face Longer Suspension

The United States Court of Appeals for the Eleventh Circuit recently confirmed that the Government has the ability to suspend “affiliates” of a suspended contractor, even though there is no allegation that the affiliates...more

Federal Grant & Contract News for Nonprofits - November 2013

With the federal government back to work, we saw several important federal initiatives continue in earnest in November. Two of these initiatives will have a tremendous impact on nonprofits’ reliance on federal grant and...more

Is Your Teaming Agreement Enforceable?

Teammates who pursue a federal contract should agree up front and in detail regarding their respective obligations if the contract is awarded. Only agreeing to negotiate specific terms after an agency award is unlikely to...more

Now What? Can a Contractor Recover the Costs of the Shutdown?

The federal government shutdown is finally over. Contractors returning to work are facing the questions of whether and how they can recover the costs caused by the shutdown. While dealing with the shutdown may be a first-time...more

FAR Provision on Human Trafficking Proposed

On September 26, 2013, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration published a proposed rule in the Federal Register seeking to amend the Federal...more

Comments on SBA's Proposed Rule Regarding Contractor Past Performance Information: FAR Case 2012-028

Dear Ms. Flowers: Our firm represents small businesses that operate across the government contracting spectrum. On behalf of these companies, we are writing to submit comments on the Defense Department, the General...more

Details: Highlights from the August & September 2013 Federal Register

1. Repeal of Sunset Dates for Protest Authority Over Certain Task Orders - Effective September 3, 2013, FAR 16.505 was amended to eliminate the sunset dates for protests against the issuance of an order under a...more

ARB Issues Reconsideration Decision in OFCCP v. Florida Hospital of Orlando

On July 22, 2013, the Administrative Review Board (ARB) of the Department of Labor (DOL) held that a network participation agreement entered into by Florida Hospital with Humana Military Health Services (HMHS) for the...more

GOVCON Research Report: April — June 2013

In This Issue: - GSA SCHEDULE MATTERS - DOD OFFICE OF INSPECTOR GENERAL REPORTS - PERTINENT GOVERNMENT ACCOUNTABILITY OFFICE (GAO) AUDIT REPORTS - KEY FEDERAL ACQUISITION REGULATION (FAR) UPDATES - KEY DEFENSE...more

No More Dollar Limits on Federal Contract Set-Asides for Women-Owned Small Businesses

On June 21, 2013, the government issued an interim rule amending the Federal Acquisition Regulation (“FAR”) to remove the dollar limits on contracts that may be set aside for Women-Owned Small Businesses (“WOSB”) and...more

Federal Contracts When Selling a Business

When selling a business, the owner must balance deal certainty, tax consequences, speed, regulatory clearances, third party consents and liability allocation. ...more

E-Verify — Am I Required to Use It?

According to the U.S. Citizenship and Immigration Services (USCIS) Web site, “U.S. law requires companies to employ only individuals who may legally work in the United States — either U.S. citizens, or foreign citizens who...more

Our Approach to Risk Assessment

Program and culture assessments - Assessments have long been recognized as having a critical impact on the effectiveness of ethics and compliance efforts. Best practice programs have often employed assessments – formal...more

Federal Contractors Not Impacted By NLRB-Related Notice Posting Rule Decisions

Earlier this month, we reported that the D.C. Circuit rejected the National Labor Relations Board’s (NLRB) “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s...more

DOD's Proposed Counterfeit Parts Regulations for Contractors Provide Some Answers, But More Questions

Coming not long after the issuance of its new internal policy guidance on counterfeit materiel, the U.S. Department of Defense (DOD) published on May 16, 2013 its first set of proposed regulations that would impose specific...more

BRG GovCon Research Report - January - March 2013

In This Issue: - GSA and VA Schedule Matters - Office of Inspector General Reports - Pertinent Government Accountability Office (GAO) Audit Reports - OMB Proposed Guidance - Key Federal Acquisition...more

Over-the-Cliff: Advice to Contractors Facing Sequestration

Automatic spending cuts caused by “sequestration” went into effect on March 1, 2013, after the federal Government could not avoid or further delay sequestration as Congress and the President had agreed during January of 2013....more

GOVERNMENT CONTRACTS AND CYBERSECURITY CLIENT ALERT: Cybersecurity 101: Government Contractors

If you are a contractor with the federal government, and if you are not already subject to regulations governing the security of your computer systems, you soon will be. On February 12, 2013, President Obama issued an...more

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