Recent changes in U.S. trade policy necessitate a thorough understanding of FAR and DFARS clauses related to cost recovery, duties and taxes....more
5/8/2025
/ Contract Disputes ,
Contract Terms ,
Corporate Counsel ,
Defense Contracts ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
Imports ,
Supply Chain ,
Tariffs ,
US Trade Policies
Federal contractors and grant recipients facing stop-work or suspension orders are entitled to reimbursement of costs and added performance period. In its first two weeks, the new Trump administration has introduced a flurry...more
Executive orders, funding freezes, and what’s next for federal disbursements - In his first week in office, President Trump issued a record number of executive orders (EOs) and key executive memorandums, setting new federal...more
Executive orders will have dramatic impact on federal agencies, contractors, and grantees, and sow uncertainty about voluntary DEI initiatives. Following his second-term inauguration, President Trump swiftly signed a...more
The final rule, which takes effect January 16, 2025, could significantly affect small and large businesses considering any merger and acquisition (M&A) activity—and timing will be critical.
In a major change, contractors...more
Pillsbury’s recent alert on the newly formed Department of Government Efficiency, or “DOGE,” an autonomous organization created by President-elect Trump and spearheaded by Elon Musk, identified several steps for industries...more
12/4/2024
/ Appropriation ,
Biden Administration ,
Clawbacks ,
Contract Disputes ,
Contract Termination ,
Department of Defense (DOD) ,
Electric Vehicles ,
Elon Musk ,
Federal Acquisition Regulations (FAR) ,
Federal Budget ,
Federal Contractors ,
Federal Funding ,
Foreign Corrupt Practices Act (FCPA) ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
International Trade ,
Tax Credits ,
Trade Remedies ,
Trump Administration
Companies would be wise to take into consideration the potential outsized impact of DOGE as they develop public policy plans for the new administration.
DOGE is intended to serve as an advisory or consulting organization...more
11/27/2024
/ Corporate Counsel ,
Deregulation ,
Elon Musk ,
Environmental Protection Agency (EPA) ,
Fraud ,
Investigations ,
Loper Bright Enterprises v Raimondo ,
OMB ,
Prompt Payment ,
Regulatory Reform ,
SCOTUS ,
Trump Administration ,
Waste ,
West Virginia v EPA
Less than 10 months after the issuance of its proposed rule, DoD has issued this final rule establishing the CMMC program.
DoD’s issuance of the final rule demonstrates the government’s continued commitment to...more
If the proposed rule is adopted, contractors will no longer qualify for set aside orders and agreements under multiple award IDIQ contracts after a disqualifying recertification.
The proposed rule makes many changes to SBA...more
The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts.
The Government alleges that Georgia Tech failed to comply with the...more
The DoD takes yet another step towards full implementation of CMMC 2.0.
The proposed rule aims to implement many of the aspects of the Cybersecurity Maturity Model Certification program by amending the Department of...more
The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more
The Defense Innovation Unit has released a solicitation seeking Solution Briefs for full lifecycle micro-reactor power plant(s) that would start operations at an Army installation in the continental United States before the...more
On April 4, 2024, the White House released a pre-publication final rule substantially updating the Office of Management and Budget (OMB) Uniform Grants Guidance, which sets the foundational requirements for agencies in making...more
The proposed clause will require USAID contractors to develop new standards, policies, or procedures designed to protect children from sexual exploitation.
The Agency for International Development Acquisition Regulation...more
The proposed rule requires contractors to make annual affirmations regarding their cybersecurity maturity, thus increasing their risk of False Claims Act Liability.
The proposed rule allows for limited use of Plans of...more
1/19/2024
/ Code of Federal Regulations (CFR) ,
Contractors ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
NIST ,
Proposed Rules ,
Security Controls ,
Subcontractors
Under certain circumstances, federal agencies have statutory authority to force inventors of patented technology developed with federal funding to grant licenses allowing others to practice the invention. This authority is...more
The DOE proposes to update and streamline its policies, procedures, provisions and clauses applicable to its contracts.
The changes include revisions related to facility clearances, Agreements for Commercializing...more
The changes come in response to a court injunction declaring rebuttable presumption for social disadvantage unconstitutional.
All pending SBA 8(a) program applications are currently suspended due to an injunction issued by...more
8/31/2023
/ 8(a) Program ,
Affirmative Action ,
Fifth Amendment ,
Injunctions ,
Interim Guidance ,
Minority-Owned Businesses ,
Racial Bias ,
Rebuttable Presumptions ,
SBA ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Department of Homeland Security amended its regulations due to the urgent need to protect Controlled Unclassified Information.
On June 21, 2023, the Department of Homeland Security (DHS or Department) issued a final...more
7/21/2023
/ Controlled Unclassified Information (CUI) ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Federal Contractors ,
Policies and Procedures
In the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, Congress reauthorized these programs for another three years and added new requirements to reduce foreign...more
1/6/2023
/ China ,
Conflicts of Interest ,
Due Diligence ,
Foreign Entities ,
Iran ,
National Security ,
North Korea ,
Reporting Requirements ,
Russia ,
SBA ,
SBIRs ,
STTR ,
Venture Capital
The Small Business Administration’s interim final rule will allow many businesses to regain small business status or remain a small business for longer.
The SBA adjusted all its receipts-based size standards for inflation,...more
The effectiveness rate increased to 51 percent.
The number of filed Government Accountability Office (GAO) protests dropped another 12 percent, after dropping 12 percent in 2021....more
The “new normal” at the ASBCA has produced some interesting results for contractors to consider as they formulate and advance contract claims.
The Board docketed a near record low number of new appeals during FY 2021....more
A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision.
Contractors should seek...more