Keys to Avoiding GAO’s Timeliness Trap -
GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement....more
On February 15, 2024, the Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Executive Order (EO) 14005, Ensuring the Future Is Made in All of...more
GOVERNMENT CONTRACTS -
2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors -
The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more
12/7/2022
/ Bid Protests ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
FCC ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
GAO ,
General Services Administration (GSA) ,
NDAA ,
NLRB ,
SBA ,
Small Business ,
U.S. Treasury ,
United States-Mexico-Canada Agreement (USMCA) ,
US Army Corps of Engineers
SBA Proposes Revisions to Ownership and Control Requirements for the 8(a) Business Development Program -
As PilieroMazza noted, the Small Business Administration (SBA) released a major proposed rulemaking that will impact...more
10/28/2022
/ 8(a) Program ,
Business Development ,
Department of Defense (DOD) ,
Department of Transportation (DOT) ,
Federal Contractors ,
General Services Administration (GSA) ,
Russia ,
Sanctions ,
SBA ,
Small Business ,
U.S. Treasury
GOVERNMENT CONTRACTS -
ESOPs Have Opportunity to Shape DOD Pilot Program on Sole Source Follow-On Contracts -
In late 2021, the National Defense Authorization Act for Fiscal Year 2022 (FY 2022 NDAA) included a...more
DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways -
On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal...more
2/4/2022
/ Biden Administration ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Popular ,
SBA ,
Small Business ,
Whistleblowers
LABOR & EMPLOYMENT -
Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022 -
In December 2021, the Office of Federal Contract Compliance Programs (OFCCP)...more
1/14/2022
/ Affirmative Action ,
Ban the Box ,
Bid Protests ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
DFARS ,
Employee Benefits ,
Federal Contractors ,
Federal Procurement Systems ,
GAO ,
Minimum Wage ,
Popular ,
Procurement Guidelines ,
SBA
The Department of Defense (DOD) recently published a class deviation that builds on directives to promote an accountable and transparent procurement policy while maximizing Government use of goods, products, and materials...more
The recently released 2021 Bid Protest Annual Report (Report) from the Government Accountability Office (GAO) covers cases filed with the agency, including protests, cost claims, and requests for reconsideration. In this...more
GOVERNMENT CONTRACTS -
GSA Polaris and the New SCRM Requirements: Supply Chain Risk May Put Your Proposal at Risk -
With the release of GSA Polaris around the corner, one looming issue remains: Contractors may lose out on...more
11/23/2021
/ Biden Administration ,
Climate Change ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
Infrastructure ,
OSHA ,
Popular ,
SBA ,
Vaccinations ,
Workplace Safety
The Department of Defense (DOD) issued a proposed rule on August 30, 2021, that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to align the Buy American Act (BAA) domestic content requirements in...more
GOVERNMENT CONTRACTS -
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know -
As we previously reported, Section 818 of the National Defense Authorization Act for Fiscal Year 2018...more
As we previously reported, Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (2018 NDAA) required the Department of Defense (DOD) to issue new regulations to establish more detailed and comprehensive...more
GOVERNMENT CONTRACTS -
SBA Takes Steps to Address PPP Validation Error Problems -
On February 10, 2021, the Small Business Administration (SBA) announced new policy changes to the Paycheck Protection Program (PPP) meant to...more
2/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Executive Orders ,
FCC ,
General Services Administration (GSA) ,
HUBZone ,
NIST ,
Paycheck Protection Program (PPP) ,
SBA
BUSINESS & TRANSACTIONS -
Purchase Agreement Components, Part 2: Indemnification Provisions -
In an acquisition, particularly an equity acquisition, a buyer must perform extensive due diligence on the target company to...more
FALSE CLAIMS ACT / GOVERNMENT CONTRACTS LAW -
Buyer Beware: More Stringent Standards for Government Contractors Under the Buy American Act on the Horizon -
President Trump has made “buy American and hire American” a...more
10/9/2019
/ Buy American Act ,
Department of Defense (DOD) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NDAA ,
Procurement Guidelines ,
SBA ,
Small Business ,
Trump Administration
GOVERNMENT CONTRACTING -
A Government Executive article discussed the impact of the shutdown on some defense contractors. As the partial government shutdown continues, some American defense firms are receiving...more
1/14/2019
/ Certiorari ,
Davis-Bacon Act ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Government Shutdown ,
Joint Employers ,
No-Poaching ,
Non-Compete Agreements ,
NPRM ,
SBA ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Subpoenas ,
Wage and Hour
GOVERNMENT CONTRACTING -
A former National Aeronautics and Space Administration (NASA) Facility Chief pleaded guilty to receiving illegal gratuities. Steven Eric Kremer, a former Chief of the Range and Mission Management...more
12/17/2018
/ Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Shutdown ,
NASA ,
NDAA ,
NLRB ,
Pending Legislation ,
Proxy Advisors ,
SBA ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Subcontractors ,
Trump Administration
In a recent GAO decision, State Women Corporation, B-416510 (July 12, 2018), GAO denied a protest as untimely after considering the impact of the Department of Defense’s (“DoD”) new enhanced post-award debriefing procedures...more
On Thursday, March 22, the Department of Defense (“DoD”) issued a Federal Acquisition Regulation (“FAR”) class deviation in light of the enhanced postaward debriefing rights required by Section 818 of the National Defense...more
We recently wrote about enhanced post-award debriefing requirements included in the Senate’s version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 [read article here]. The final NDAA signed into law...more
On September 18, 2017, the Senate passed its version of the National Defense Authorization Act (“NDAA”) which authorizes nearly $700 billion in defense spending for Fiscal Year 2018 and contains significant procurement reform...more
As of October 1, the U.S. Government Accountability Office’s (“GAO”) jurisdiction over protests on civilian agency task orders valued at more than $10 million expired, leaving government contractors with limited grounds for...more