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SBA Proposed Rule to Change How Recertification Affects Small Business IDIQs and Bring More Uniformity Across Various SBA Programs

If the proposed rule is adopted, contractors will no longer qualify for set aside orders and agreements under multiple award IDIQ contracts after a disqualifying recertification. The proposed rule makes many changes to SBA...more

U.S. Government Intervenes in Georgia Tech Cybersecurity False Claims Case

The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts. The Government alleges that Georgia Tech failed to comply with the...more

The Department of Defense Issues New Proposed Rule Implementing Contractual Requirements Related to CMMC 2.0

The DoD takes yet another step towards full implementation of CMMC 2.0. The proposed rule aims to implement many of the aspects of the Cybersecurity Maturity Model Certification program by amending the Department of...more

In a Landmark Decision, Federal Circuit Expands Protest Jurisdiction at COFC

The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest...more

SBA Takes Final Step Towards Eliminating SDVOSB Self-Certification

The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more

COFC Sustains a Corrective Action Protest

The U.S. Court of Federal Claims (COFC) orders an agency to reinstate a contract award, finding the Government Accountability Office’s (GAO) corrective action recommendation to be without a rational basis....more

Army Seeks Micro-Reactor Nuclear Power Plants to Reduce Reliance on Off-Site Electricity Providers

The Defense Innovation Unit has released a solicitation seeking Solution Briefs for full lifecycle micro-reactor power plant(s) that would start operations at an Army installation in the continental United States before the...more

After Long Drought, COFC Sustains a Corrective Action Protest

The U.S. Court of Federal Claims (COFC) orders an agency to reinstate a contract award, finding the Government Accountability Office’s (GAO) corrective action recommendation to be without a rational basis. COFC found that...more

Agency’s Silence is Golden for Protester

GAO sustains protest because the agency failed to respond to a protest allegation and did not recognize discriminators during the evaluation. A recent GAO decision provides a rare example of GAO sustaining a protest when...more

The Department of Labor Significantly Increases Salary Thresholds for Overtime Exemptions

The Department estimates that the changes will affect approximately 4.3 million employees in the first year of implementation and cost employers $803 million over the first 10 years of implementation. Under a two-step...more

USAID’s Proposed AIDAR Clause Protects Children from Sexual Exploitation and Abuse

The proposed clause will require USAID contractors to develop new standards, policies, or procedures designed to protect children from sexual exploitation. The Agency for International Development Acquisition Regulation...more

New York District Court Holds Teaming Agreements May Be Enforced

The ruling indicates that selecting New York law may increase the likelihood that the terms of a well-written teaming agreement will be enforced. Government contractors will find the New York Court’s recent denial of a...more

DoD Publishes Final Rule Implementing Executive Order 14005

The rule conforms applicable DFARS clauses to the final FAR rule that was published on March 7, 2022. Contractors must comply with increasing U.S. and qualifying country content thresholds for manufactured end products—65...more

Proposed FAR Clause Prohibits the Use of Compensation History in Hiring and Requires That Federal Contractors and Subcontractors...

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

DFARS Proposed Export Controls Rule Would Require Supplying DCMA with Copy of Relevant Export Authorizations

On March 22, 2023, the Department of Defense (DoD) published a proposed rule to amend Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.225-7048. This amendment would implement an additional export control...more

4/11/2023  /  DCMA , DFARS , Exports

Defense Contractors Have Some Leeway to Mark Noncommercial Technical Data to Restrict Rights of Non-Government Third Parties

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

Civilian Board of Contract Appeals Releases 2019 Annual Report

The Civilian Board of Contract Appeals recently released its fiscal year (FY) 2019 report. There are some interesting statistics for contractors to consider. Of note, litigants continue to benefit from the Board’s penchant...more

Government Fails Again to Apply the VA Rule of Two

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

GAO Highlights Responsibility Exception to “Late Is Late” Rule

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

FAR’s Professional Compensation Clause and Keeping Things Real

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

Section 809 Panel Installment One: Expanding Agency Procurement Discretion, Narrowing Contractors’ Bid Protest Rights Recommended

Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more

Small Business Holiday Gift: Change to Small Business Act May Affect Size Status for Many Service Providers

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

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