General Services Administration (GSA)

News & Analysis as of

Weekly Update Newsletter - February 2017 #2

SMALL BUSINESS ADMINISTRATION - Civil Monetary Penalties Inflation Adjustments The Small Business Administration has issued an interim final rule amending its regulations to adjust for inflation the amount of certain...more

GAO Urges Transparency in GSA Leasing Practice for Foreign-Owned Real Estate

On January 3, 2017, the United States Government Accountability Office (GAO) delivered a report to Congress recommending that the General Services Administration (GSA) inform tenant agencies when leasing high-security space...more

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

FINAL FAR RULE: Prohibition on Reimbursement for Congressional Investigations and Inquiries

On January 13, 2017, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a 10 U.S.C. § 2324(k)(2). Under the rule, contractors may not...more

Federal Contractors Must Provide Privacy Training - Follow The 5-Step Plan To Ensure Compliance

Effective immediately, federal contractors will need to comply with privacy training rules intended to ensure that their workforces protect personally identifiable information. As of January 19, 2017, federal contractors will...more

Fair Opportunity Complaints on Task and Delivery Orders

Last week, the General Services Administration (“GSA”) issued a final rule amending the General Services Administration Acquisition Regulation (“GSAR”) to clarify that the ordering-agency task and delivery order ombudsman has...more

Weekly Update Newsletter - December 2016

GOVERNMENT CONTRACTS - FAR Amendment Proposal to Implement Section of NDAA 2016 - The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration...more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

GSA Remains Confident in the Benefits of the Transactional Data Reporting Rule

According to the Federal Acquisition Service (FAS) Commissioner, Tom Sharpe, the General Services Administration (GSA) remains committed to a smooth transition in implementing the final rule governing transactional data...more

Weekly Update Newsletter - November 2016 #3

DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION - Clarification of Requirement for Justifications for 8(a) Sole Source Contracts - The Department of Defense...more

Government Contracts Legislative and Regulatory Update - November 2016

We are pleased to send you the November edition of "Government Contracts Legislative and Regulatory Update," which offers a summary of the relevant changes that took place during the month of October. Highlights this month...more

Proposed Changes to FAR to Clarify Requirements for 8(a) Sole Source Contract Justification Over $22 Million

On November 15, 2016, the DOD, GSA, and NASA issued a proposed rule to amend the FAR to clarify guidance for justifications of sole source 8(a) contract awards exceeding $22 million. This proposed rule responds to...more

Weekly Update Newsletter - November 2016 #2

DEPARTMENT OF DEFENSE - Revised Interim Implementation of Government-wide Guidance for Grants and Cooperative Agreements - The DOD has issued a notice of proposed rulemaking (“NPRM”), the first in a sequence of six...more

Proposed Circular Could Change the Way the Government Procures Common Goods and Services

On October 7, 2016, the Office of Management and Budget (“OMB”) issued Proposed OMB Circular No. A-XXX, Implementing Category Management for Common Goods and Services. If implemented, the proposed Circular could dramatically...more

Federal Contractors Be Aware: Rule on Tax Delinquencies and Felony Convictions Finalized

The U.S. government finalized on Sept. 30, 2016, regulations amending the Federal Acquisition Regulation (FAR) that will affect an estimated 350,000 federal contractors. These new regulations were promulgated as a result of...more

Beware the Booty-Encrusted Hook: Cybersecurity Vendors Should Use Caution Approaching GSA’s IT-70 Solicitation for Highly Adaptive...

Machiavelli – yes, that Machiavelli – knew a thing or two about working with a powerful government. In his most well-known writings, Machiavelli opined on both the application of power and importance of intellect when...more

Comments on FAR Case 2015-015 Regarding the Federal Strategic Sourcing Initiative - FSSI

Dear Ms. Flowers: We are writing to submit comments on the above-referenced notice of proposed rulemaking, issued on June 20, 2016, 81 Fed. Reg. 39,883. Our firm represents small business federal contractors. We submit...more

Elevating Form Over Substance: OCI Waiver Challenges at GAO

The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more

New Medicare Enrollment Requirements for MA Providers

In Depth - The Medicare Physician Fee Schedule proposed rule released by the Centers for Medicare & Medicaid Services (CMS) on July 7, 2016, (the Proposed Rule) requires certain providers and suppliers furnishing health...more

Price Reductions Are Dead; Long Live Price Reductions

You no doubt have heard by now about GSA’s 23 June effort to “embrace modern technology while moving away from outmoded practices” – specifically, its implementation of the new Transactional Data Reporting Rule (“TDR Rule”)...more

What GSA Can Learn from the National Parks Service

Note: The following post is adapted from the forthcoming 2016/2017 GSA Schedule Handbook, published by ThompsonWest, due out later this year. Any way you look at it, 2016 will be an interesting year. You may have heard...more

GSA Eases Compliance Burden for Contractors With Federal Supply Schedules

The General Services Administration (GSA) recently issued a Final Rule as part of its long-term aim to modernize reporting for cost and price data related to government-wide contracts, such as Federal Supply Schedules. Under...more

Weekly Update Newsletter - June 2016 #4

SENATE TESTIMONY - Jon Williams Testifies in Kingdomware Senate Committee Hearing On June 23, Jon Williams, Partner in the PilieroMazza Government Contracts Group, testified before the U.S. Senate Committee on Small...more

GSA Publishes Highly Anticipated Transactional Data Reporting Final Rule

GSA’s final transactional data rule fundamentally alters the basis for negotiation and pricing of commercial items on Federal Supply Schedule (FSS) contracts and subsequent orders, with immediate impact on some of the largest...more

Supreme Court Finds The Department of Veterans Affairs Violated Procurement Law – Are There Broader Implications for Government...

On June 16, 2016 the Supreme Court of the United States (“SCOTUS”) issued its much anticipated decision in the Kingdomware Technologies, Inc. v. United States case (“Kingdomware”). One of two important cases, both decided on...more

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