News & Analysis as of

Federal Acquisition Regulations (FAR)

Agencies Seek Public Comment On Extension Of ICR On Biobased Procurements Data

by Bergeson & Campbell, P.C. on

On December 4, 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

5 Key Takeaways: Fighting Back Against Negative Contractor Performance Assessment Report System (CPARS) Reviews

Kilpatrick Townsend’s Gunjan Talati and Chris Henel, members of the firm’s Government Contracting Team, recently presented a webinar in collaboration with Federal Publications Seminars. With over 300 in attendance, they...more

Discussions Vs. Clarifications Vs. Communications, And Agency Discretion (Post-Award Protest Primer #12)

In our last post, we looked at the most common protest grounds related to discussions: lack of meaningful discussions, misleading discussions, and unequal discussions. Today we’ll discuss how discussions differ from...more

What Does a Potential Replacement of the Category Management Circular Mean for Contractors?

by PilieroMazza PLLC on

Approximately one year ago, we submitted comments to the Office of Management and Budget (“OMB”) Proposed OMB Circular No. A-XXX, Implementing Category Management for Common Goods and Services. As explained in a blog post...more

Fixed-Price Contracts Are Simple - Or Are They?

by Pepper Hamilton LLP on

Firm fixed-price contracts seem like a simple concept in practice — agreements that do not allow for the modification of the contract price after award without an express agreement between the parties. Originally published...more

Government Contractor Awarded Equitable Adjustment for Negligent Quantities Estimate in Fixed Price Contract

by Davis Wright Tremaine LLP on

A recent decision by the United States Court of Federal Claims reminds us how important the Government’s estimated quantities are, even in a fixed price contract. In Agility Defense & Government Services, Inc. v United States...more

Emerging Trends in Government Contracts: Navigating Rules for Pro Bono Work

by Stinson Leonard Street on

For many large private companies and firms that contract with the federal government, pro bono work is more than a feel-good activity; it is necessary for their business model to develop new business, attract and retain...more

Avoiding Data Breaches: Lessons From Regulations

by Revision Legal on

In January of 2017, an amendment to the Federal Acquisitions Regulation (“FAR”) went into effect related to protecting private personal information and requiring privacy training for all federal government contractors. The...more

Changes to Audit and Truth in Negotiations Act in FY 2018 NDAA

For DoD acquisitions, the Conference Report for FY 2018 NDAA includes provisions that would streamline the DCAA Incurred Cost Audit process by involving private auditors and increase the TINA threshold. Conference Report...more

Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities. Proposed supply chain diligence...more

Surprise, Surprise, Congress Does Listen — Well, Kind Of - An Analysis of NDAA Section 846’s Online Marketplace Provisions

An Analysis of NDAA Section 846’s Online Marketplace Provisions - There has been a lot of speculation about the future of commercial items purchasing within the federal Government since Representative Mac Thornberry...more

Analysis of the Current Draft 2018 NDAA

by Holland & Knight LLP on

This is the first blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Non-Meaningful, Misleading, and Unequal Discussions

Today’s post is the first of two installments on protest grounds related to discussions. This post will focus on the requirement that discussions be meaningful and not misleading, and treat offerors equally. The next post...more

Contract Closeouts Delayed, Incurred Cost Audit Backlog to Blame

by PilieroMazza PLLC on

Submitting incurred cost submissions and closing out flexibly priced contracts in a timely manner is important for contractors, especially for those who are owed money due to indirect rate overruns, lagging invoices, or fee...more

Three October Bid Protest Decisions That May Affect Your Business

• First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained. • Second, mere compliance with cybersecurity...more

Enhanced DoD Debriefing Requirements in the Senate Version of the FY 2018 NDAA May Reduce Bid Protests

by PilieroMazza PLLC on

On September 18, 2017, the Senate passed its version of the National Defense Authorization Act (“NDAA”) which authorizes nearly $700 billion in defense spending for Fiscal Year 2018 and contains significant procurement reform...more

FY 2018 Forecasts: Items of Interest in Contracting, Small Business, and M&A

In the final post of our 2018 Fiscal Year Forecast series, Kevin Mullen and Damien Specht focus on the use of Low Price Technically Acceptable (LPTA) contracts, the mounting backlog of security clearance applications, the...more

For Government Contractors: Unsigned Claim Certification Is an Incurable Defect

In September, the Armed Services Board of Contract Appeals (ASBCA) addressed the certification requirements under the Contract Disputes Act (CDA). A motion to dismiss by the U.S. Government prompted the ASBCA to consider...more

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

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Cybersecurity

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