News & Analysis as of

U.S. General Services Administration Settles Suit Alleging Inaccessibility of Its Website for Contractors

Oh, the irony. Our federal government is filing lawsuits against private businesses and universities for having allegedly inaccessible websites and mobile apps when its own agencies have inaccessible websites. In April...more

Governor Signs Amendments to SGMA, with Provisions for Water Utilities Regulated by CPUC

In the last two months, Governor Brown has signed several bills into law, amending the 2014 Sustainable Groundwater Management Act (SGMA or the Act). Two bills, Assembly Bill 1390 and Senate Bill 226, addressed the specifics...more

Weekly Update Newsletter - October 2015 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation: Simplified Acquisition Threshold for Overseas Acquisitions - The Department of Defense, General Services Administration, and NASA have issued a proposed rule to...more

Weekly Update Newsletter - September 2015

GOVERNMENT CONTRACTS - President Obama Signs Executive Order Establishing Paid Sick Leave for Federal Contractors - President Obama signed an Executive Order on Monday September 7, 2015, requiring federal...more

The American Bar Association Joins Growing Chorus Of Groups Raising Concerns About Fair Pay And Safe Workplaces Regulations

On August 26, 2015, the Section of Public Contract Law of the American Bar Association (“ABA”) submitted public comments to the General Services Administration (“GSA”) and the U.S. Department of Labor (“DOL”) on their...more

Not So Far Out: OMB Memo Indicates Cybersecurity FAR Clauses Are Coming Soon

On August 11, 2015, the Office of Management and Budget (“OMB”) released a draft policy memo entitled “Improving Cybersecurity Protections in Federal Acquisitions.” The purpose of the memo is to provide federal agencies with...more

OMB Issues Guidance on Government Contractors’ Cybersecurity Systems

The Office of Management and Budget (OMB) released a draft guidance document on Aug. 11, 2015, titled “Improving Cybersecurity Protection in Federal Acquisitions” (the “OMB Guidance”). The OMB Guidance instructs agencies on...more

Comments on Proposed Rule Regarding Small Business Subcontracting Improvements

After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391, dated July 16, 2013, many of our clients have asked us...more

Weekly Update Newsletter - August 2015

GOVERNMENT CONTRACTS - President Obama Drafts Executive Order Establishing Paid Sick Leave for Contractors - President Obama has drafted an Executive Order (E.O.) that would force any company that contracts with the...more

OIG finds CFPB headquarters renovation costs to be reasonable

The Office of Inspector General for the Fed and CFPB (OIG) has issued a report on the results of its audit of the construction costs for the CFPB’s Washington, D.C. headquarters renovation. The renovation costs have been the...more

Weekly Update Newsletter - July 2015 #3

GOVERNMENT CONTRACTS - DOC Issues Final Rule Regarding Federal Awarding Agency Regulatory Implementation of OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - The...more

As GSA FAS Struggles To Reinvent Itself; Contractors Suffer

The last year has been a tough one for the GSA Multiple Award Schedules (“MAS”) program. The Federal Acquisition Service (“FAS”) – the agency charged with administering the MAS program – has struggled to re-invent itself and...more

Contractor Authority Over Means and Methods

A central principle of construction contracts is that, where a contractor (a) commits to construct in accordance with plans and specifications (b) provided by the owner (c) in exchange for payment of a firm, fixed price, the...more

Weekly Update Newsletter - July 2015 #2

GOVERNMENT CONTRACTS - Contractor Past Performance Assessment Report–3rd Quarter Fiscal Year 2015 - The Office of Federal Procurement Policy (OFPP) issued the contractor past performance assessment reporting for the...more

Analysis of the Federal Acquisition Regulatory Council’s Proposed Rule to Implement Executive Order 13673 “Fair Pay and Safe...

On May 27, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed rule to implement Executive Order...more

Weekly Update Newsletter - July 2015

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Final Rule to Amend FAR: Inflation Adjustment of Acquisition Related Thresholds - The Department of Defense (DoD), General Services Administration (GSA), and...more

Weekly Update Newsletter - June 2015 #2

GOVERNMENT CONTRACTS - DoD Issues Semiannual Regulatory Agenda - The Department of Defense (DoD) published the semiannual agenda of regulatory documents, including those that are procurement-related, for public...more

MoFo Global Procurement Quarterly: Spring 2015

In This Issue: - Right to Modify? - International Brands May Trigger Cross-Border Interest in EU Tenders - Q&A with James Koukios - GSA Data Reporting - International IT Companies Face Continuing...more

Proposed FAR Changes To Implement SBA Small Business Subcontracting Rules

DOD, GSA, and NASA have proposed a number of changes to the FAR to implement changes made by the Small Business Administration in 2013 regarding small business subcontracting goals and plans. While the proposed FAR changes...more

Weekly Update Newsletter - June 2015

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue a Proposed Rule to Amend FAR: Consolidation and Bundling of Contract Requirements - The Department of Defense (DoD), General Services Administration (GSA), and...more

Good News for Offerors who Provide Unique Low-cost Solutions to the Government

The author and playwright Clare Boothe Luce, known for her feline wit, is famously supposed to have said “No good deed goes unpunished.” While that remark may have had validity that in the 1930s New York café society, it...more

Agencies Issue Proposed Rule, Guidance on Blacklisting Executive Order

The federal agencies charged with implementing President Obama's July 31, 2014 Fair Pay and Safe Workplaces Executive Order have released their much-anticipated proposed rule on this directive. On May 27, 2015, the Department...more

Is Your Company a Federal Government Contractor?

Many automotive suppliers do not consider themselves federal government contractors because they only sell goods and services to the major OEMs and not directly to the federal government. However, purchase orders with OEMs or...more

Weekly Update Newsletter - May 2015 #3

GOVERNMENT CONTRACTS - DoD Issues January and February 2015 Contract Data Contract Reporting Scorecards - The Department of Defense (DoD) issued the contract data and reporting scorecard metrics for January and...more

GSA’s Proposed Transactional Data Reporting Rule Has Significant Implications for Contractors with GSA Contract Vehicles

On March 4, 2015, as part of an effort to reform its procurement process, the General Services Administration ("GSA") issued a proposed rule that would require GSA contract holders to report certain transactional data related...more

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