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WOSB/EDWOSB Amendments to the FAR Are Here

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

Uncle Sam Wants You! (To Get Vaccinated, If You’re a Federal Contractor): Updated COVID-19 Workplace Safety Guidelines Are Here

As promised, on September 24, 2021, the Safer Federal Workforce Task Force issued Guidance for Federal Contractors and Subcontractors about the implementation of President Biden’s Executive Order 14042, which imposed a...more

Afghanistan Withdrawal: The Government Contractor’s Guide to Terminations for Convenience

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

What’s Your Vax Status? New Requirements for Federal Employees and Contractors

With Delta variant infections on the rise, the Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who...more

New Vaccine Requirements for Federal Contractors

The Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who “does not attest to being fully vaccinated...more

PPP Deferment Extended for Borrowers Who Appeal Forgiveness Decisions

The Small Business Administration (SBA) recently issued an interim final rule that extends the deferment period for Paycheck Protection Program (PPP) borrowers who appeal final SBA loan review decisions. Prior to the...more

FAR Limitation on Subcontracting Rules Are Finally Here!

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

CICA Violated Where Sole-Source Award Duration Was Too Long

The U.S. Court of Federal Claims (COFC), in Sierra Nevada Corporation v. United States, recently held that a contracting agency’s justification of a sole-source contract award ran afoul of the Competition in Contracting Act...more

GAO Clarifies Scope of its Jurisdiction Over OTA Protests

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority....more

DoD to Expand Enhanced Debriefings Rights

The Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing...more

New Exec. Order Increases Federal Contractor Min. Wage to $15 Per Hr.

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

Government’s Failure to Grant REA Can Constitute Breach of Contract - Construction and Procurement Law News, Q1 2021

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

NISPOM Codified as Regulation; JPAS Retiring Soon

If your business holds a U.S. security clearance — or is in the process of applying for one — take note of two big changes at the Defense Counterintelligence and Security Agency (DCSA). First, after more than 25 years, the...more

GAO Clarifies the Scope of Its Jurisdiction over OTA Protests

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority....more

LPTA Procurements Greatly Restricted Under New FAR Rule

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

Government's Failure to Grant REA Can Constitute Breach of Contract

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

Suspension and Debarment Annual Report: Key Takeaways

The Interagency Suspension and Debarment Committee (ISDC) recently issued its annual report to Congress on federal government suspension and debarment activities for fiscal year (FY) 2019. Key takeaways from the year’s ISDC...more

Fed. Circ. Ruling Guides On DOD Enhanced Debrief End Date

In NIKA Technologies v. U.S., the U.S. Court of Appeals for the Federal Circuit recently reversed the holding of the U.S. Court of Federal Claims regarding when the protest-filing clock starts running for a stay of contract...more

Bid Protests in New York

New York state’s budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid...more

Govt’s Failure to Grant REA Can Constitute Breach of Contract

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

Key Takeaways from GAO's Annual Bid Protest Report

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year's report is noteworthy for multiple reasons, including that it shows that protesters...more

Significant Buy American Amendments Are Here

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

Procurement Fraud Recoveries Substantial for DOJ in FY 2020

The Department of Justice (DOJ) recently announced that it obtained more than $2.2 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 29, 2020. Notably, DOJ reports that...more

SBA Extends 8(a) Program Terms by One Year

On January 13, 2021, the Small Business Administration (SBA) issued an interim final rule to, among other things, amend § 124.2 of its regulations to incorporate the optional program term extension for small business concerns...more

Key Takeaways from GAO’s Annual Bid Protest Report

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received...more

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