Federal Acquisition Regulations

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

by Frank Murray Jr. | Foley & Lardner LLP on 5/21/2013

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

by Ryan Byrd, Kelly Lynch, Sajeev Malaveetil, Mary Karen Wills | Berkeley Research Group, LLC on 5/1/2013

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

by David Hayden, Jackson Moore | Smith, Anderson, Blount, Dorsett, Mitchell &... on 3/15/2013

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

by Mary Beth Bosco, Norma Krayem | Patton Boggs LLP on 3/13/2013

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

Agency Waives OCI on 97th Day of GAO Protest Calendar, Thwarts Protester Victory

by Kelly Krystyniak | Holland & Knight LLP on 2/27/2013

On January 30, 2013, the Government Accountability Office (“GAO”) published a bid protest decision which should serve to remind government contractors and enthusiasts of the sometimes surprising discretion left to agencies in...more

GAO Dismisses Protest Based on a Post-Hoc Waiver of OCIs

by K. Alyse Latour, Tina Reynolds, Bradley Wine | Morrison & Foerster LLP on 2/26/2013

The U.S. Government Accountability Office (GAO) recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation (FAR), Subpart 9.5, during a protest to render academic a...more

New FAR Rules Likely For "Critical Infrastructure" Contractors

by Eric Aaserud | Perkins Coie on 2/22/2013

On February 12, 2013, President Obama signed an Executive Order (the Order) intended to enhance the cybersecurity of the country's critical infrastructure. According to the Order, "[t]he cyber threat to critical...more

Free Trade Agreement Updates for 2012

by David Gallacher | Sheppard Mullin Richter & Hampton LLP on 2/21/2013

2012 saw several updates with regard to free trade agreements (“FTAs”) between the U.S. and its international trading allies. The most notable of these was the U.S.-Korea FTA (“KORUS”), but several other changes were made to...more

CYBERSECURITY CLIENT ALERT: White House Issues Long-Awaited Cybersecurity Executive Order, New Presidential Directives for...

by Mary Beth Bosco, Amy Davenport, Norma Krayem | Patton Boggs LLP on 2/14/2013

The White House issued a long-awaited Executive Order (EO) “Improving Critical Infrastructure Cybersecurity” which directs the U.S. Department of Homeland Security (DHS) and other agencies to quickly advance efforts to...more

National Defense Authorization Act for Fiscal Year 2013—New Procurement Rules Coming

by Daniel S. Herzfeld | Pillsbury Winthrop Shaw Pittman LLP on 2/13/2013

In January, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”), which includes numerous new procurement policies directed at contractors and how they bid on and perform government...more

Human Trafficking And Government Contractors

by Michael Volkov on 2/6/2013

If you want to do business with the government, watch out – the federal government imposes a lot of strings when handing out business. Compliance officers face a wide array of requirements which can quickly turn into...more

Prohibition on Contract Awards to Companies That Were Formerly Based in the United States

by John Jensen, Evan Wesser | Pillsbury Winthrop Shaw Pittman LLP on 2/5/2013

On January 29, 2013, a final rule was issued prohibiting the award of contracts to inverted domestic corporations. The final rule requires an offeror to represent that it is not an inverted domestic corporation and creates...more

NDAA Imposes New Requirements and Restrictions for Defense Contractors

by David Himelfarb, Daniel Kelly, Bonnie Vanzler | McCarter & English, LLP on 1/28/2013

How will the FY 2013 National Defense Authorization Act impact your business as a government contractor? The recently passed National Defense Authorization Act for Fiscal Year 2013 ("NDAA") includes a number of...more

Successor Service Contractors Must Justify New Hires

by Eric Aaserud, Christine Williams | Perkins Coie on 1/16/2013

The Federal Acquisition Regulatory Council recently issued a final rule that implements Executive Order 13495 (Jan. 30, 2009) for nondisplacement of qualified workers employed under contracts covered by the Service Contract...more

Court of Federal Claims Upholds 40% Small Business Subcontracting Goal

by David I. Schneider | Holland & Knight LLP on 1/3/2013

In a recent decision, the U.S. Court of Federal Claims denied a pre-award protest challenging a solicitation's small business subcontracting goal of 40% of the total contract value, holding that this goal was within the high...more

FAR Councils Soliciting Public Comments to Remove Contractors’ Right to Appeal Past Performance Evaluations

by Timothy J. Taylor | Holland & Knight LLP on 10/30/2012

For federal government contractors, agencies’ past performance evaluations are important. A favorable evaluation can result in a stronger customer relationship, an enhanced reputation, and a better chance of winning future...more

The Government on Combatting Human Trafficking: "We REALLY, REALLY Mean It"

by Sheppard Mullin Richter & Hampton LLP on 10/25/2012

Since 2005, federal contractors have been on notice that the Government has “zero tolerance” for any federal contractor found to be complicit in aiding human trafficking. For the past seven years, however, that “zero...more

BRG GovCon Research Report: July — September 2012

by Ryan Byrd, Sajeev Malaveetil, Mary Karen Wills | Berkeley Research Group, LLC on 9/30/2012

Berkeley Research Group’s Government Contracts Advisory Services (GCAS) practice keeps its clients up to date on the latest regulatory developments affecting the government contracts industry. This edition of the GovCon...more

Want a Federal Government Contract? Now You Must Join the Fight Against Human Trafficking

by Perkins Coie on 9/26/2012

On September 25, 2012, President Obama signed a groundbreaking Executive Order designed to strengthen protections against trafficking in persons in federal contracting. Among other requirements, the Executive Order requires...more

Suspension and "Guilt by Association"

by Steven D. Gordon | Holland & Knight LLP on 7/13/2012

A recent federal court decision highlights two important issues relating to excluding contractors from participation in federal government contracting: (1) suspension, and (2) "affiliation."...more

Small Business Administration Proposes to Expand Recertification Requirement in Mergers and Acquisitions

by Joseph P. Hornyak | Holland & Knight LLP on 7/10/2012

On May 16, 2012, the U.S. Small Business Administration (SBA) issued a lengthy set of proposed regulations implementing various sections of the Small Business Jobs Act of 2010....more

BRG GovCon Research Report: April — June 2012

by Ryan Byrd, Sajeev Malaveetil, Mary Karen Wills | Berkeley Research Group, LLC on 6/30/2012

In This Issue: • Federal Acquisition Regulation (FAR) updates • Defense FAR Supplemental (DFARS) updates • Industry topics ..Defense Contract Audit Agency (DCAA) Audit Guidance...more

Are Those Real Parts? Government Contractors Must Comply With New Inspection and Reporting Requirements Created by NDAA 2012 for...

by Venable LLP on 2/8/2012

The recently enacted National Defense Authorization Act (“NDAA”) of 2012 establishes a host of new requirements for government contractors regarding detection and avoidance of counterfeit electronic parts. These new...more

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