News & Analysis as of

Federal Acquisition Regulations (FAR)

Limitations on Subcontracting – What’s the Latest and Why Isn’t It in My Contract Yet?

by PilieroMazza PLLC on

Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what...more

Los cambios propuestos en las regulaciones de adquisiciones pueden facilitar las P3

by Bilzin Sumberg on

El condado de Miami-Dade, la jurisdicción más grande del sur de la Florida, está evaluando actualmente asociaciones público-privadas (P3) para varios proyectos de infraestructura importantes. Estos incluyen mejoras...more

McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations

by Hogan Lovells on

On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have...more

Kaspersky: Back in the News and What to Do About the Order to Stop Using Kaspersky Products and Services

by McGuireWoods LLP on

Kaspersky Lab is once again in the news as questions are being raised about the role of Kaspersky software in a reported hack of the National Security Agency. The story repeats the all-too-frequent scenario of an employee—in...more

CPARS Challenge Primer: Formal Claim Required To Appeal Negative Performance Evaluation

by Fox Rothschild LLP on

For federal contractors, it is not an exaggeration to say that performance evaluations are the lifeblood of the business. A less-than-satisfactory evaluation in the Contractor Performance Assessment Reporting System (CPARS)...more

Arbitration Award Ruling That, Because of Cultural Differences, a Local Afghan Subcontractor Is Not Bound by the F.A.R. Provisions...

by Pepper Hamilton LLP on

Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors, LLC, No. 17-cv-00224-YGR, 2017 U.S. Dist. LEXIS 111767, at *10-12 (N.D. Cal. July 18, 2017) - This matter came before the Court on a motion to vacate a final...more

The Federal Government Procurement Process Could Go Digital

by Alston & Bird on

In order to keep up with online marketplaces available at the “one touch” of a smartphone, the federal government is doing its part to bring its procurement process into the digital age. Legislation passed earlier this year...more

Deadlines Approach for Government Contractors on Cybersecurity Compliance

Government contractors are subject to cybersecurity requirements, found in the Federal Acquisition Regulation (FAR) and each agency’s supplement to the FAR, and some important deadlines are fast approaching. Set forth below...more

Made in the USA: Executive Order Promotes Strict Adherence to Buy American Laws and Signals Potential Legal Reform in Fall 2017

“It shall be the policy of the executive branch to buy American and hire American.” On April 18, 2017, President Trump announced this policy in an executive order, aptly titled “Buy American and Hire American.” The order...more

Prime contractor found nonresponsible based on undisclosed vendor-vetting process - contingency contractors beware

by DLA Piper on

Contingency contractors should take note of a recent bid protest decision from the Government Accountability Office, which approved the Department of Defense's use of a special, non-transparent database to determine the...more

Hurricane Recovery Contractors Beware

by Bass, Berry & Sims PLC on

The level of devastation caused by Hurricanes Harvey and Irma in Texas and Florida, respectively, is estimated to have caused $150-200 billion in damages. With this devastation comes a multibillion-dollar recovery effort that...more

Aviation Happenings - Summer 2017

Aviation Happenings - Summer 2017 The Summer 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant case and developments in aviation law, including: • Midair Collision Case...more

When Is a Low Price a Problem? Understanding Realism.

by PilieroMazza PLLC on

Contractors are often confused after receiving a debriefing during which the Government states the contractor’s proposed price was too low. The disappointed offeror wonders, why would the Government want to pay a higher...more

Government Response to Increasing Cyber Threats

by McGuireWoods LLP on

Government agencies collect and hold massive amounts of personally identifiable information (PII), creating valuable targets for cybercrime. Recently proposed legislation would impose baseline standards for cyber hygiene on...more

Practical Tips for Owners and Contractors Impacted By Hurricanes Harvey and Irma

by Seyfarth Shaw LLP on

Anyone watching what has happened in Houston, and what is predicted to happen in Florida, immediately thinks about the safety and well-being of those affected by Hurricanes Harvey and Irma. Once the rain stops, the water...more

Agencies Request Public Comment On Collection Of Biobased Procurements Data

On August 28, 2017, the U.S. Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued in the Federal Register a notice of request for public...more

Protesting FAA Awards: Understanding the Nuances

by PilieroMazza PLLC on

Nearly every federal agency is required to follow the Federal Acquisition Regulation (“FAR”). However, one exception is the Federal Aviation Administration (“FAA”), which is not required to comply with the FAR but rather has...more

Subcontractor Size Status Representations – Not Identical to Rules Governing Prime Contractors

by PilieroMazza PLLC on

If you are a prime contractor with a small business subcontracting plan, you may wonder “when” a small business subcontractor should render its size representation, and what are the subcontractor’s obligations to rerepresent...more

5 Key Takeaways: Protecting Your IP When Government Contracts Are Involved

Larry Prosen and Gunjan Talati, partners in Kilpatrick Townsend’s Government Contracts and Construction & Infrastructure Group, recently presented on an issue of growing importance -- “Protecting Your IP When Government...more

Recertifications of Size or Status: What Contractors Need to Know

by PilieroMazza PLLC on

Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more

Comments on Notice–MV–2017–01, Evaluation of Existing Acquisition Regulations

by PilieroMazza PLLC on

The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs,...more

When is an Unforeseen Condition a “Differing Site Condition”?

by Gray Reed & McGraw on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

NDAA Section 811: New Waiver Authority—What Does It Mean?

by Blank Rome LLP on

The Senate’s markup of the 2018 National Defense Authorization Act (“NDAA”) adds new language to 10 U.S.C. § 2304 that would give the Secretary of Defense authority to waive provisions of law that result in only one...more

ASBCA Grants $253 Million Northrop Post-Retirement Benefits Claim

by Blank Rome LLP on

Pension and other post-retirement benefit expenses have long constituted a substantial obligation on the part of contractors under cost-type contracts and are often the subject to disputes with the government as to the...more

The Financially Distressed Subcontractor on a Government Contract: What a Prime Contractor Should Do to Protect the Project and...

Some bankruptcy experts predict an increase in business failures for government contractors in the coming years. Increased demands and constraints on government spending will stress both prime contractors and subcontractors....more

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Cybersecurity

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