The Government Accountability Office (GAO), in TLS Joint Venture, LLC, B-422275, recently sustained a bid protest alleging that the contract awardee’s System for Award Management (SAM) registration lapsed between the...more
In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more
3/20/2024
/ Biden Administration ,
Buy American Act ,
Department of Defense (DOD) ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
Proposed Rules ,
Supply Chain
On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information...more
2/9/2024
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Minimum Salary ,
New Rules ,
Proposed Rules ,
Regulatory Mandates ,
Vaccinations
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York,” “Bid Protests in Virginia,” and our “Update on Bid Protests in Alabama”)....more
The U.S. Small Business Administration (SBA) has made multiple changes to its regulations over the last decade, including final rules published in the Federal Register on October 2, 2013 (78 FR 61113), October 16, 2020 (85 FR...more
10/11/2023
/ Comment Period ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
HUBZone ,
Regulatory Agenda ,
Regulatory Reform ,
SBA ,
SDVOSB ,
Small Business ,
WOSB
On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more
6/16/2023
/ Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Legislative Agendas ,
Mobile Apps ,
Mobile Devices ,
National Security ,
New Legislation ,
New Rules ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Subcontractors ,
Subcontracts ,
TikTok
The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This...more
2/16/2023
/ Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Proposed Rules ,
SBA ,
Small Business ,
Subcontractors
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note.
- ASRC Federal Data Solutions LLC
- ESimplicity Inc. v. U.S.
-...more
The U.S. Small Business Administration (SBA) recently published a final rule on its 2019 interim final rule that adjusted monetary-based industry size standards (i.e., receipts- and assets based) for inflation which has...more
As part of the first “comprehensive regulatory review” in nearly 40 years, the Department of Labor (DOL) recently proposed to amend, update, and “modernize” the regulations at 29 CFR parts 1, 3, and 5, which implement the...more
3/22/2022
/ Administrative Review Board ,
Bureau of Labor Statistics ,
Climate Change ,
Code of Federal Regulations (CFR) ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
EEO ,
Federal Acquisition Regulations (FAR) ,
Infrastructure ,
Multiple Award Schedule (MAS) ,
OIG ,
Proposed Amendments ,
Regulatory Reform
The Federal Acquisition Regulatory Council recently issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 14026 “Increasing the Minimum Wage for Federal Contractors” and a final...more
The Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) recently proposed a series of noteworthy amendments to the Federal Acquisition...more
10/8/2021
/ Bid Protests ,
Comment Period ,
Department of Defense (DOD) ,
EDWOSB ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NASA ,
Proposed Amendments ,
Small Business ,
WOSB
With the United States’ recent withdrawal from Afghanistan, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the government. Accordingly, government...more
In 2016, the Small Business Administration (SBA) updated its regulations pertaining to limitations on subcontracting. Five years later, on August 11, 2021, the Federal Acquisition Regulation (FAR) Council finally followed...more
8/12/2021
/ Deadlines ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Register ,
Final Rules ,
Good Faith ,
HUBZone ,
NAICS ,
SBA ,
Small Business ,
Subcontractors
President Biden recently signed an executive order (EO) that will increase the minimum wage rate to be paid to workers performing work on or in connection with a federal contract from $10.95 per hour to $15.00 per hour...more
The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under...more
The Federal Acquisition Regulation (FAR) Council recently issued its long-awaited final rule limiting the ability of civilian agencies to use the Lowest Price Technically Acceptable (LPTA) procurement method. The final FAR...more
The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, 1 recently held that the government does not have the discretion to deny a contractor's request for equitable adjustment (REA) under...more
The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under...more
The Federal Acquisition Regulation (FAR) Council recently issued a final rule that implements the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order. As discussed below, the...more
The Federal Acquisition Regulation Council recently released a proposed rule to implement the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order, which was signed by President...more
To “combat the national security and intellectual property threats that face the United States,” section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for FY 2019 (Pub. L. 115-232) prohibits executive...more
We recently wrote about the Department of Defense (DoD) amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring defense contracting agencies to issue sole-source...more
We recently reported on a series of Paycheck Protection Program (PPP) issues that uniquely impact government contractors. As we noted, particularly concerning for federal contractors is that agencies may seek credits or...more
With the challenges presented by the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the...more