The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo upended decades of precedent that required courts to defer to agencies' interpretations of statutes. This, known as the Chevron doctrine, allowed for...more
7/11/2024
/ Administrative Procedure Act ,
Auer Deference ,
Chevron Deference ,
Department of Labor (DOL) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Kisor v Wilkie ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Tucker Act
As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more
Effective June 2, 2023, all federal contracts and solicitations are required to include a new Federal Acquisition Regulation (FAR) clause: FAR 52.204-27, Prohibition on a ByteDance Covered Application. This clause implements...more
The Federal Acquisition Regulatory (FAR) Council published three final rules on Aug. 11, 2021, amending the FAR to implement changes mandated by various National Defense Authorization Acts (NDAAs) and to homogenize the FAR...more
8/13/2021
/ Administrative Procedure ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
HUBZone ,
NDAA ,
Public Procurement Policies ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business ,
Subcontractors ,
Women-Owned Businesses
On May 12, 2021, President Joe Biden issued a comprehensive Executive Order (EO) on Improving the Nation's Cybersecurity that promises sweeping changes in federal contracts for information technology (IT), cloud services and...more
5/17/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
National Security ,
NIST ,
OMB ,
Software ,
Supply Chain
As the coronavirus (COVID-19) outbreak continues to spread throughout the United States, many government contractors are faced with unknown questions about continuing performance on contracts. Given the fast-moving situation,...more
With the novel coronavirus (COVID-19) spreading outside of China at an ever-increasing rate, government contractors should prepare for possible service and payment interruptions. In addition, the administration is considering...more
3/2/2020
/ Contract Terms ,
Coronavirus/COVID-19 ,
Defense Production Act ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Force Majeure Clause ,
Prime Contractor ,
Public Contracts ,
Risk Assessment ,
Risk Management ,
Subcontractors ,
Supply Chain
On November 27, 2019, the Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Regulation Supplement (DFARS) regarding the Treatment of Certain Items as Commercial Items (DFARS Case 2019-D029). The...more
A recent protest decision highlights a little-known sole source authority unique to GSA Schedule procurements that could benefit federal contractors and their agency customers working on complex information technology...more
It's official – the longest federal government shutdown in history is over, at least for now. For contractors whose work and payments were affected by the shutdown, the questions now are: what can we get paid for and how do...more
1/29/2019
/ Cost Recovery ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Funding ,
Government Shutdown ,
Notice Requirements ,
Required Documentation ,
Stop Work Orders ,
Unpaid Wages ,
Wage and Hour
REAN Cloud LLC (REAN) entered into an Other Transaction (OT) Agreement with the Army (facilitated by DIUx) to provide prototype cloud migration services. While the prototype work was still being performed, the Army and REAN...more
This is the first blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more
11/14/2017
/ Bid Protests ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Pilot Programs ,
GAO ,
Members of Congress ,
NDAA ,
Professional Conferences ,
Rulemaking Process ,
Small Business ,
Trump Administration
Imagine if a DoD agency could purchase commercial-off-the-shelf products of any value simply by placing an order at an Amazon-like website – no need for solicitations, quotes, evaluation, or detailed price analysis and...more
6/12/2017
/ Amazon Marketplace ,
Department of Defense (DOD) ,
DFARS ,
E-Commerce ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Internet Retailers ,
Online Marketplace Lending ,
Proposed Legislation
On September 30, 2016, the Federal Acquisition Regulation (FAR) Councils issued 10 FAR amendments (nine final and one interim) on a broad range of topics. One rule imposes new risks for contractors with delinquent taxes or...more
10/4/2016
/ Buy American Act ,
Convictions ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
SBA ,
Security ,
Small Business ,
Tax Liability ,
Ukraine ,
Veterans ,
Wage and Hour ,
Women-Owned Businesses ,
WOSB
On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more
9/27/2016
/ 8(a) Program ,
Appeals ,
Business Development ,
Department of Defense (DOD) ,
DFARS ,
Equal Protection ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Prejudice ,
Public Procurement Policies ,
Race Discrimination ,
SBA ,
Small Business ,
Veterans