On January 8, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulation (FAR) Council withdrew a proposed rule that would have banned federal contractors and subcontractors from seeking or...more
1/10/2025
/ Compensation & Benefits ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NDAA ,
OFPP ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Rules ,
Reporting Requirements ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
On December 23, 2024, President Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025. The annual bill authorizes spending for the Department of Defense (DOD) while setting other...more
1/9/2025
/ Armed Services Board of Contract Appeals ,
Bid Protests ,
Court of Federal Claims ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Federal Contractors ,
GAO ,
Intellectual Property Protection ,
Joe Biden ,
National Security ,
NDAA ,
Secretary of Defense ,
Small Business ,
Supply Chain ,
Trade Secrets
Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more
Nearly a year ago, the National Defense Authorization Act for Fiscal Year 2024 directed the Department of Defense (DOD) to amend the Defense Federal Acquisition Regulation Supplement (DFARS) no later than July 1, 2024, “to...more
The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act...more
The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or...more
Some of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive...more
The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go...more
Earlier this week, the U.S. Small Business Administration (SBA) issued a Final Rule adopting changes to how a concern calculates its number of employees for eligibility purposes in all of SBA’s programs, as well as how a...more
After a five-year wait, small business subcontracting rules that the Small Business Administration (SBA) promulgated in 2016 will finally appear in the Federal Acquisition Regulation (FAR) and new solicitations. Chief among...more
Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented...more
Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more
12/15/2020
/ Bid Protests ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
DFARS ,
Federal Contractors ,
Financing ,
NDAA ,
Progress Payments ,
SBA ,
Small Business ,
Software ,
Subcontractors
The Department of Defense (DOD) has promulgated the final rule restricting DOD’s use of Lowest Price Technically Acceptable (LPTA) acquisition methods. The final rule adopts, without any substantive changes, the proposed rule...more
For a number of years now, Lowest Price Technically Acceptable (LPTA) source-selection procedures have come under fire for overuse and misuse at the same time budget constraints make LPTA methods more enticing to some...more
As we discussed in an earlier post about the NDAA for FY 2018, one of the most significant changes with respect to procurement issues may be related to the DOD’s conduct of debriefings. Perhaps missed in the discussions of a...more
The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out. The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017...more