News & Analysis as of

Federal Acquisition Regulations (FAR)

DOD issues final rule regarding voluntary disclosures of defective pricing

by Dentons on

On May 4, 2018, the US Department of Defense (DOD) issued a final rule intended to provide incentives to DOD contractors to voluntarily disclose defective pricing after the award of an affected DOD contract. For DOD...more

ASBCA Rejects Government’s Attempt to Dismiss Pre-Novation Claim by Successor-In-Interest

by Davis Wright Tremaine LLP on

Novations are not uncommon in Government contracting. FAR Subpart 42.12 contains standard novation language, in which the Government recognizes in part: “The Transferee by this Agreement becomes entitled to all rights,...more

Weekly Update Newsletter - May 2018 #2

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards - Columbia-based MassTech,...more

Government Contracts Legislative and Regulatory Update - May 2018

by Dentons on

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

Trade Agreements Act Compliance: Some Welcome News for Some Federal Contractors, But Will It Last?

by Blank Rome LLP on

Recently, the United States District Court for the District of Columbia dismissed a qui tam action involving allegations of fraud in connection with country of origin requirements imposed by the Trade Agreements Act (“TAA”)....more

Recent SBA OHA Ruling Could Heat Up M&A Marketplace for Small Business Government Contractors

by Miles & Stockbridge P.C. on

Earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) ruled that recertification by a Service-Disabled Veteran-Owned Small Business (“SDVOSB”) following its acquisition by a...more

FAR Council Publishes Rule on Raised Threshold for Task and Delivery Order Protests

by Holland & Knight LLP on

On May 1, 2018, the Federal Acquisition Regulatory (FAR) Council published a final rule amending FAR 16.505(a)(10) to raise the minimum threshold for Government Accountability Office (GAO) protests of certain task and...more

Weekly Update Newsletter - May 2018

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE - Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts - The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more

Legal Advisor Newsletter - Second Quarter 2018

by PilieroMazza PLLC on

The Mandatory Disclosure Rule: Mitigating Risk When the Requirement for Disclosure Is Not Clear - Most federal contractors are aware that the mandatory disclosure rule requires that contractors timely disclose “credible...more

DoD IG Report: 11 of 14 IT Service Contracts Reviewed Were Not Properly Awarded

by Holland & Knight LLP on

The Department of Defense Office of the Inspector General (DoD IG) recently published a nonstatistical sample of 14 Defense Contract Management Agency (DCMA) IT service contracts, valued at $72 million. The Report presented...more

Feature Comment: Real Steps Towards 'Buy American' Compliance—Part III: Understanding And Avoiding Common Areas Of Noncompliance...

by K&L Gates LLP on

Introduction — As you have likely surmised from previous parts in this series, the “Buy American” regime creates a labyrinth of rules in which contractors can get lost. Contractors are not the only ones who run into ...more

Weekly Update Newsletter - April 2018 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Tribal Consultation for Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments - The...more

DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan

Recently published regulation implements the FY17 NDAA to prohibit use of funds for DoD construction and infrastructure programs and projects in Afghanistan that cannot be safely accessed by U.S. Government personnel. New...more

DoD thresholds for cost and pricing data poised to increase to $2M, reducing contractor risks of defective pricing and CAS...

by Dentons on

In just over two months, the dollar threshold triggering the requirement for certified cost and pricing data under Federal Acquisition Regulation (“FAR”) 15.403-4 and application of the Cost Accounting Standards (“CAS”)...more

Weekly Update Newsletter - April 2018 #2

by PilieroMazza PLLC on

GOVERNMENT ACCOUNTABILITY OFFICE - CIVILIAN AND CONTRACTOR WORKFORCES: Department Of Defense's Cost Comparisons Addressed Most Report Elements but Excluded Some Costs - In response to Congressional direction, the...more

New DoD Class Deviation Tackles Micro-purchase and Simplified Acquisition Thresholds

by Holland & Knight LLP on

On April 13, 2018, The Department of Defense (DoD) issued Class Deviation 2018-O00013, which consolidates and supersedes two prior class deviations that increased the micro-purchase and simplified acquisition thresholds and...more

Weekly Update Newsletter - April 2018

by PilieroMazza PLLC on

DEPARTMENT OF LABOR - US Department of Labor reinstates Wage and Hour opinion letters - The U.S. Department of Labor will reinstate the issuance of opinion letters, U.S. Secretary of Labor Alexander Acosta announced on...more

Contracting with DoD: Enhanced Debriefings Are Here!

by Jones Day on

In our February 2018 Alert, Jones Day explained that the 2018 National Defense Authorization Act ("NDAA") contained a requirement that the Secretary of Defense implement new rules for enhanced debriefings for certain types of...more

DOD Implements First Steps Toward Enhanced Debriefings

by Perkins Coie on

As competitors in federal negotiated procurements recognize, post-award debriefings are an important feature of the procurement process. Federal Acquisition Regulation (FAR) 15.506 has long mandated that an unsuccessful...more

New DOD Class Deviation Changes Debriefing Process

by Blank Rome LLP on

The United States Department of Defense (“DOD”) has amended the process for debriefings required under Federal Acquisition Regulation (“FAR”) 15.506 to allow for offeror questions related to the debriefing. Offerors are...more

DOD Extends Post-Award Debriefing Rights

On March 22, 2018 the Department of Defense (“DoD”) issued a memorandum that augments FAR 15.506 “Postaward debriefing of offerors”, at least as relates to unsuccessful offerors. Arising out of a requirement in the 2018...more

DoD Announces Enhanced Debriefing (and Extension to Deadline for Securing CICA Stay)

The traditional debriefing process, by which unsuccessful offerors can obtain information on the basis of the Government’s selection and contract award, was just improved to the benefit of contractors. Under the revised...more

Weekly Update Newsletter - March 2018 #4

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE - FAR Class Deviation for Enhanced Debriefings - The Department of Defense (DoD) issued a FAR class deviation last Thursday for enhanced debriefings in light of Section 818 of the FY2018 NDAA (NDAA...more

Defenders of the Debriefing

New DoD rules enhance contractors’ post-award debriefing rights. New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more

Enhanced Postaward Debriefings Have Arrived!

The Office of the Under Secretary of Defense recently issued a memorandum to DOD contracting officials directing as follows...more

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