News & Analysis as of

Federal Acquisition Regulations (FAR)

Weekly Update Newsletter - March 2018 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - San Diego Communications Company Pays More Than $12 Million to Settle False Claim Act Allegations Regarding Eligibility for Small Business Innovation and Research Contracts - According to a news...more

Government Contracts Legislative and Regulatory Updates - March 2018

by Dentons on

Our March edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of February....more

Corporate Social Responsibility Compliance in 2018, and Beyond – An Overview for In-House Legal Counsel

by Ropes & Gray LLP on

After years of looming on the fringes, 2018 is likely to go down as the year that corporate social responsibility compliance became a core responsibility of in-house legal departments....more

[Webinar] OASIS Open Season - Overview of the Potential Requirements, Scope and Approach for the OASIS Contract Vehicle - March...

With GSA Successfully completing the first on-ramp of contractors by adding 31 new small businesses to the One Acquisition Solution for Integrated Services Small Business (OASIS SB) Pool 2 contract, it may be time for...more

What Small Businesses Must Consider When Using Teaming Arrangements or Joint Ventures

by Bass, Berry & Sims PLC on

Teaming Arrangements under the FAR - Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when: 1. Two or more companies form a partnership or joint venture to act as a potential prime...more

Weekly Update Newsletter - February 2018 #4

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE - Contractors on Board with Defense Department Budget Request - The defense contracting industry has had a positive reaction to President Donald Trump’s fiscal year 2019 Defense Department budget...more

When Deal Making and Government Consent Merge: The Who, What, When, Where, and Why of Novation Agreements

by Williams Mullen on

Over the past year, there has been a tremendous amount of merger and acquisition activity, and the government contracting industry has been no exception. Along with the traditional concerns involved in the M&A world,...more

Buy American, Hire American: Will It Impact a Government Contractor’s Ability to Store Data Offshore?

by Blank Rome LLP on

Buy American and hire American. The concept is easy, but the implementation can be far more complicated, particularly in the current government contracting world where waivers to those requirements have become common. In an...more

Government Contracts Legislative and Regulatory Updates - February 2018

by Dentons on

Our February edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of January....more

DoD Continues to Interpret "Commercial Item" Broadly, Despite Recent Attempts to Narrow

by Jones Day on

The Situation: The U.S. Department of Defense has faced criticism from the Office of Inspector General and the Government Accountability Office concerning its handling of commercial item procurements. The Response: As a...more

Review of NAICS Codes Assignments Reveals Inconsistencies and Small Percentage of Successful Appeals

by PilieroMazza PLLC on

The U.S. Government Accountability Office (“GAO”) has released a report on its review of several issues related to the North American Industry Classification System (“NAICS”) codes. Although it found that there are some...more

Section 809 Panel Releases First Volume of Recommendations for the Overhaul of DoD’s Acquisition Process

by Bass, Berry & Sims PLC on

In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more

Eleventh Circuit Revives FCA Suit Based on Foreign Military Sales of Helicopters

In late January, the Eleventh Circuit reversed the Northern District of Alabama in U.S. ex rel. Marsteller et al. v. Tilton et al., and revived a whistleblower suit relating to the sale of helicopters under the U.S. foreign...more

January 2017 Bid Protest Roundup

The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old...more

Rare Federal Circuit Protest Decision Affirms Agency Discretion in Sole Source Context

Last week, the Federal Circuit issued a rare opinion on a bid protest in Agustawestland North America, Inc. v. United States. Bid protest decisions by the Court of Federal Claims are seldom appealed by protesters because the...more

The Benefits of Commercial Item Contracting

by Williams Mullen on

Commercial Item Contracting is intended to benefit both the government and contractors, but those benefits can sometimes get lost in the shuffle. Reminding the parties why Commercial Item Contracting was implemented can help...more

Failure To Meaningfully Consider OCI

by Fox Rothschild LLP on

For contractors, defending (and overcoming) bid protests that challenge contract awards based on alleged Organizational Conflicts of Interest (OCI) may hinge on what a contractor does at the very beginning of the procurement...more

Weekly Update Newsletter - January 2018 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - General Services Administration Acquisition Regulation (GSAR); Federal Supply Schedule, Order-Level Materials - The General Services Administration (GSA) is amending the General Services...more

Good News for Department of Defense Contractors: Enhanced Post-Award Debriefing Requirements are on Their Way!

The National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 includes enhanced post-award debriefing requirements for the Department of Defense (“DoD”). This change is likely a response to the Office of Federal...more

Government Contractors Should Expect Another Level of Cybersecurity Requirements

by Holland & Knight LLP on

The Department of Defense’s cybersecurity requirements for Covered Defense Information became effective on Dec. 31, 2017. See DFARS 52.204-7012. There is no corresponding FAR cybersecurity rule, leaving the civilian agencies...more

Hold Back the Tiers: The Difficulties and Potential for Misuse of Cascading Evaluations

by K&L Gates LLP on

In what seems to be an increasing and unfortunate trend for our clients, and for Federal procurement generally, certain agencies are issuing or contemplating solicitations that utilize an improper and/or unauthorized...more

Weekly Update Newsletter - January 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Pentagon Task Force’s $675 Million in Contracts to Rebuild Afghanistan Found Wasteful - According to an article from Government Executive, the Defense Department’s now-defunct business task force...more

Labor Law 2017: Year in Review

by McGuireWoods LLP on

As a new administration took the reins for the first time in eight years, employers, employees, unions, labor lawyers and observers alike all wondered what to expect from President Donald J. Trump. Would he govern much like...more

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

[Webinar] Government Agency Coordination Office PTAC: Federal Construction Contracts – Common Issues and Critical Claim Strategies...

On January 24, we are hosting a webinar on common issues and critical claim strategies in federal construction contracts with the California University of Pennsylvania Government Agency Coordination Office - Procurement...more

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