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Supply Chain Checkup: FAR Council Announces New Rulemaking Focused on Prohibiting Certain Semiconductor Acquisitions

If you happen to be a government contractor and are contemplating additions to your Summer reading list, consider adding the FAR Council’s May 3, 2024 advanced notice of proposed rulemaking (“ANPR”) to the mix. The ANPR,...more

Sometimes Post-Proposal Communications Are More Than Sweet Nothings …

As most government contractors have experienced firsthand, procuring agencies routinely engage in a wide variety of communications after bids have been submitted. On occasion, these exchanges are quite minor and afford an...more

When the Cure Is Worse Than the Disease: Recent CBCA Decision Regarding Improper Default Terminations Provides a Teachable Moment...

As most government contractors will readily admit, there are few pieces of mail more unwelcome than a cure notice from Uncle Sam. This letter, for those of you who may be blissfully unaccustomed, is a government-issued...more

Knowing IS the Battle: Supreme Court to Address the FCA’s Scienter Standard

Scenario 1: A pharmacy chain hires a value consultant to review its Medicare and Medicaid billing practices for ways to optimize the coding of drug reimbursements to maximize profits. Drugs that had historically been charged...more

“Respect My Authority!”—An Important Reminder as DoD Issues an Updated Guidebook for Contracting Officer Representatives

Like most businesses, government contractors are in the customer service field and have been conditioned to operate by the old adage that the “The customer is always right.” After all, the customer pays the bills, right? As a...more

The Devil Is in the Details: Recent GAO Decision Underscores the Importance of Checking the Agency’s Math

Virtually every year, the Government Accountability Office’s (GAO’s) Bid Protest Annual Report includes “flawed technical evaluations” as one of the top five most common grounds for successful protests. Simply stated, this...more

DoD Braces for Inflation: Guidance for Contractors Battling Rising Costs

Unless you’ve been living under a rock or on a self-sustaining deserted island, the chances are high that you have become quite familiar with the term “inflation” (i.e., the rising costs of goods and services) over the past...more

With Just a Little Ado: Significant Buy American Changes Are Coming Before Halloween

Regardless of whether they were eagerly anticipated or begrudgingly unavoidable, the changes promised to the Buy American Act (BAA) early last year have at last arrived, or at least are quickly approaching. On March 4, 2022,...more

Recent GAO Decision Demonstrates The Utility Of Pre-Award Protests

In a time of uncertain federal budgets and an increasingly crowded marketplace, contractors of all sizes are on the lookout for ways to enhance their chances of winning federal business opportunities. Step one in this process...more

FAR Council Issues Final Rule To Implement Trump Executive Order On Significant Buy American Changes

On the eve of the inauguration of President Biden, a lingering Trump-era policy finally made its way into the Federal Acquisition Regulation (FAR). On January 19, 2021, the FAR Council issued a final rule implementing changes...more

Office Closures And Limited Access: Federal Contractor Considerations When Weathering Potential Political Unrest

As has been widely reported, the United States Federal Bureau of Investigation is warning of mass protests and potential violence accompanying the inauguration of President-Elect Joe Biden on January 20, 2021. However, unlike...more

Risks, Reefs, and Wrecks: Charting A Course Through The Perils Of Covered Telecommunications Equipment And Services

Like the sailors of old, the government contracting community ventures forth knowing full well that danger lies ahead – although fortunately not in the form of a kraken, leviathan, or other mythical sea monster. Rather,...more

Gambling On Compliance? DOJ Updates The House Rules On Corporate Compliance Program Expectations

When entering a casino, professional gamblers understand that “the house doesn’t beat the player. It just gives him the opportunity to beat himself.” This axiom is precisely why in the long run casinos make money, while...more

Borrowers Beware: GAO Ramps Up Efforts To Root Out Fraud Among CARES Act Loan Recipients

The Prospect of False Claims Act’s Treble Damages Require Meticulous Record Keeping under the CARES Act- On April 10, 2020, the Government Accountability Office (GAO) announced its effort to root out fraud associated with...more

DoD CARES After All – New Cost Principle and DFARS Clause Implements CARES Act For Certain COVID-19 Costs

On April 8, 2020, the Department of Defense (“DoD”) issued a Class Deviation authorizing contracting officers to use a new cost principle – DFARS 231.205-79, CARES Act Section 3610 Implementation – to permit the reimbursement...more

DoD Extends A Hand To Federal Contractors Navigating The Impacts Of COVID-19

As most federal contractors know all too well, the United States Government is not always an easy customer. This is particularly true in circumstances where a contractor encounters performance impacts and seeks to recover...more

Commerciality In The Time Of Coronavirus—DCMA Issues New Class Commercial Item Determination And Guidance

On March 31, 2020, the Office of the Under Secretary of Defense for Acquisition and Sustainment issued a memorandum attaching a class Commercial Item Determination (CID) promulgated by the Defense Contract Management Agency...more

Update On The COVID-19 Federal Contractor’s Guide – The Office Of Management and Budget Issues Critical Guidance Regarding Federal...

On Friday, March 20, 2020, the Office of Management and Budget (OMB) issued Memorandum No. M-20-18, titled “Managing Federal Contract Performance Issues Associated With The Novel Coronavirus (COVID-19).” The Memorandum,...more

Let Me Clear My Throat: DCAA Course Corrects on “Expressly Unallowable” Costs

Cough…cough…ahem…cough… Any contractor who has had the misfortune of dealing with the Defense Contract Audit Agency (DCAA) likely knows all too well that the agency is the Will Rogers of costs – it never met a cost it didn’t...more

Contractors In The Crosshairs – Weathering The 2019 Government Shutdown

Here we are again. Large swaths of the federal government have been closed since December 22 because Congress and the president cannot agree on legislation to fund the government. Nearly a million federal employees are not...more

The ASBCA Thunders To The Government: Do Your Job!

As most contractors know all too well, doing business with the Government can be quite frustrating. One of the most – if not the most – prominent sources of that frustration is that the Government often operates with a...more

Recent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications

In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable?  Have you ever wondered why the Government...more

Protesters’ Paradise at the GAO? Understanding the Rapid Rise in the GAO’s FY 2016 Bid Protest Sustain Rate

As a bid protest lawyer, one of the most frequent questions I hear from companies considering whether to pull the trigger and file a pre- or post-award bid protest is “Can we win?” My response – regardless of the meritorious...more

Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions

Carrier. UTC. Boeing. Swamp-draining rhetoric. While many ponder what America can expect from the next administration, one thing is clear – it appears to have its eyes on government contractors. However, it is important for...more

Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional...

The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting,...more

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