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
Veteran-Owned Business Priority -
In 2016, the U.S. Supreme Court surprised many by hearing a bid protest concerning the application of the "Rule of Two" for veteran-owned small businesses in procurements run by the U.S....more
2/26/2020
/ Administrative Reconsideration ,
Bid Protests ,
Competitive Bidding ,
Department of Veterans Affairs ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
Kingdomware Techs. Inc. v United States ,
Look-Back Measurement Period ,
Office of Hearings and Appeals (OHA) ,
Prime Contractor ,
Rule of Two ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business ,
Veterans ,
VOSB
After a year of uncertainty, the U.S. Small Business Administration (SBA) has issued its long-awaited final rule implementing the Small Business Runway Extension Act of 2018. The final rule, which becomes effective on January...more
'Tis the season to be jolly, but federal contractors should exercise caution when interacting with employees of the agencies they serve to keep the season bright – and ethical. Here are some key points to remember before...more
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
On November 5, 2019, the U.S. Government Accountability Office (GAO) issued its annual Bid Protest Report to Congress for Fiscal Year 2019. The annual report is a requirement of the Competition in Contracting Act and is an...more
On November 8, 2019, the Small Business Administration (SBA) issued a substantial proposed rule addressing a plethora of potential changes to the regulations governing small business programs. Below is a snapshot of key...more
11/11/2019
/ Civilian Agency Task Orders ,
Competitive Bidding ,
Federal Contractors ,
Federal Procurement Systems ,
Federal Supply Schedule (FSS) ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Multiple Award Contracts ,
Proposed Regulation ,
SBA ,
Set-Asides ,
Small Business ,
Subcontractors
On Halloween, President Trump issued an Executive Order rescinding one of the most notable employment-related executive orders from the Obama Administration: Executive Order 13495, commonly known as the Nondisplacement of...more
11/8/2019
/ Contract Terms ,
Covered Employees ,
Department of Labor (DOL) ,
Enforcement ,
Executive Orders ,
Federal Contractors ,
Obama Administration ,
Public Agencies ,
Rescission ,
Service Contract Act ,
Suspensions & Debarments ,
Trump Administration
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
To ring in the new year, we have an important update on the Small Business Runway Extension Act. Effective Dec. 21, 2018, Small Business Administration (SBA) issued an internal notice that the Small Business Runway Extension...more
The U.S. General Accountability Office (GAO) recently dismissed a protest by a state licensing agency (SLA) challenging the elimination of its proposal from the competitive range under a solicitation issued pursuant to the...more
Identifying threats and improving network and supply chain security has been an ongoing effort by Congress and the Department of Defense (DoD) for the past several years. Congress has included multiple provisions in the...more
9/18/2018
/ Acquisitions ,
Cyber Threats ,
Cybersecurity ,
Data Security ,
Department of Defense (DOD) ,
Federal Contractors ,
Popular ,
Private Sector ,
Risk Mitigation ,
State Procurement Contracts ,
Supply Chain
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
The Armed Services Board of Contract Appeals (ASBCA) recently demonstrated that it is willing to help government contractors who are waiting many months for a contracting officer to issue a final decision on a pending...more
A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR...more
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
The Department of Labor is expected to announce its final rule regarding the white collar overtime exemptions under the Fair Labor Standards Act at an event in Ohio attended by Vice President Joe Biden and Secretary of Labor...more
Federal prime contractors and subcontractors should consider reviewing and updating compliance procedures and employee training relating to entertainment and other business development gratuities in the wake of the Fifth...more
Many federal contractors and subcontractors are in store for a bumpy ride. On March 1, 2013, sequestration went into effect, requiring the federal government to cancel $85 billion in budgetary resources between now and...more
Until recently, one of the "conventional wisdoms" about GAO bid protest practice was that agencies had almost unfettered (and unreviewable) discretion to take corrective action....more