If implemented, the proposed rule will have wide-reaching implications for how federal contractors and subcontractors conduct hiring.
The proposed rule prohibits contractors and subcontractors from seeking applicants’...more
A government shutdown at the end of the month could significantly impact contractors. This alert provides practical guidance to help minimize the impact.
Communicate with your contracting officers early and often to...more
On July 30, 2021, the Biden Administration published a Proposed Amendment to the Federal Acquisition Regulation (FAR) (Proposed Rule) that, among other things, would impose significantly increased U.S. content requirements...more
President Biden issued a new Executive Order concerning Buy American regulations less than a week after the FAR Council finalized a rule that increased domestic content requirements.
President Biden’s Executive Order...more
On January 25, 2021, President Biden issued Executive Order (E.O.) 14005 to implement the President’s domestic sourcing and manufacturing policy agenda by tightening federal procurement and contracting requirements and...more
The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third...more
SBA’s final rule extends the measurement period from three to five years for contractors under receipts-based size standards to determine eligibility as a small business for federal procurements, including set-aside...more
12/12/2019
/ Agricultural Sector ,
Construction Industry ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
Look-Back Measurement Period ,
Retailers ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Small Business Runway Extension Act
New strike force to deter, detect, investigate and prosecute government procurement antitrust crimes.
The new Procurement Collusion Strike Force will focus on antitrust crimes, such as bid-rigging conspiracies and related...more
11/15/2019
/ Anticompetitive Behavior ,
Antitrust Violations ,
Collusion ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
FBI ,
Federal Contractors ,
Fraud ,
Public Procurement Policies ,
State Contractors ,
U.S. Attorney
GAO’s sustain rate dropped to 13 percent, the lowest level since Fiscal Year 2015.
Protest activity at the GAO decreased by 16 percent over the previous year....more
Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract.
The COFC generally is barred by statute from hearing bid protests in connection with the issuance of...more
The interim rule increases all small business revenue-based size standards, allowing many businesses to regain small business status or to remain a small business for longer.
SBA is increasing the revenue-based size...more
SBA’s proposed rule extends the measurement period from three to five years for contractors under revenue-based size standards to determine eligibility as a small business for federal procurement, including set-aside...more
GAO has decided that the Rule of Two is mandatory and universal, and that it applies even when the VA seeks to acquire goods and services through other government agencies.
Another attempt by the VA to limit the...more
Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents.
The FAR “late is late” rule requires rejection of untimely filed proposal...more
Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts.
An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more
The Small Business Runway Extension Act of 2018 extends the measurement period from three to at least five years for contractors under revenue-based size standards to determine small business eligibility.
The Runway Act...more
New DoD rules enhance contractors’ post-award debriefing rights.
New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more
For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests.
Enhanced DoD...more
In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more