News & Analysis as of

Goods or Services Federal Contractors

Bass, Berry & Sims PLC

Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities

In addition to opening the door to possible awards under the government’s Other Transactions Authority (OTA), products and services provided by contractors that meet the definition of a Non-Traditional Defense Contractor...more

Mayer Brown

Ruling on an Issue of First Impression, US COFC Finds Protest Jurisdiction Over Challenge to a Follow-On Production Other...

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On July 16, 2024, the Court of Federal Claims (“COFC” or “Court”) published an opinion, Independent Rough Terrain Center, LLC v. United States, exercising jurisdiction to consider a bid protest involving Other Transaction...more

Jones Day

Enhanced Sustainability Requirements for Federal Contractors

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On April 22, 2024, the U.S. government issued a final rule ("Rule") to restructure and update the Federal Acquisition Regulation ("FAR") to implement a requirement for agencies to procure sustainable products and services to...more

Morrison & Foerster LLP - Government...

Notable Provisions Of The FY 2024 National Defense Authorization Act

On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes...more

PilieroMazza PLLC

[Webinar] Protecting Our Nation’s Data: Cybersecurity Compliance for Government Contractors - January 4th, 2:00 pm - 3:15 pm EST

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In an era where digital threats are ever-evolving, ensuring the security of sensitive government data is paramount, especially for government contractors working on defense contracts. Join PilieroMazza’s Cy Alba and Daniel...more

Troutman Pepper

Suppliers Beware: US Government Continues Prosecution of DBE Fraud Cases Involving Supplies Passed Through DBEs

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On April 21, the Third Circuit Court of Appeals affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation...more

DCI Consulting

OFCCP Proposed Scheduling Letter Series Part 2/5: Reviewing “Campus-Like Settings”

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There are many proposed revisions in the Office of Federal Contract Compliance Programs’ (OFCCP) scheduling letter and itemized listing that was released on November 20, 2022. One of the proposed revisions to the scheduling...more

Morrison & Foerster LLP - Government...

November 2022 Bid Protest Roundup: Best-Value Tradeoffs, Solicitations

Sometimes a comparison of cases best illustrates the law. This month we analyze a double pair of recent GAO decisions. First, in CharDonnay and Triple Canopy, we compare decisions dissecting the merits of best-value...more

Stinson LLP

Check Your LED Lighting Supplies and Construction Materials or It Could Cost You

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Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as...more

Mitratech Holdings, Inc

Recent OFCCP Listening Sessions: What did the Agency Hear?

The Office of Federal Contract Compliance Programs (OFCCP) recently held three “listening sessions” with representatives of the federal contractor community for feedback on “pay equity audits, multi-establishment reviews, and...more

Stinson - Government Contracting Matters

Growing Issue of Inflation in Government Contracts Supply Chain Leads to DoD Clarification on Potential for Relief

Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance.  Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a...more

Lewis Roca

Court Finds Contractor’s Terms and Conditions Incorporated by Reference into GSA Schedule Contract

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A contractor’s own terms and conditions infrequently appear in procurement contracts with the federal government. For the most part these contracts are “take it or leave it” propositions with the agency’s own terms and...more

Bilzin Sumberg

New Changes to the Buy American Act to Impact Federal Contractors

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On March 7, 2022, the Federal Acquisition Regulatory Council (FAR) published a final rule implementing changes to Buy American requirements for federal contractors. The final rule is largely identical to a proposed rule...more

Vinson & Elkins LLP

[Webinar] Consideration of Climate Change Risks in Government Acquisitions: What You Need to Know - November 9th, 12:00 pm - 1:00...

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The FAR Council recently published a request for comment seeking public input on how it should consider climate change in government purchasing decisions. The sweeping request applies to providers of both goods and services...more

Hogan Lovells

Aerospace & Defense Insights | Roadmap for False Claims Act enforcement in 2021

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The federal government’s recoveries from investigations and cases involving the False Claims Act (FCA) fell in fiscal year (FY) 2020 to US$2.2 billion from US$3.05 billion in FY2019. However, with an influx of approximately...more

ArentFox Schiff

Navigating Section 889 of the 2019 National Defense Authorization Act 

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Arent Fox International Trade Group Partner Marwa Hassoun and Government Contracts Group Counsel Travis Mullaney chat about Section 889 of the National Defense Authorization Act. In today's episode, we focus on the U.S....more

Stinson - Government Contracting Matters

Two Kinds of False Claims, the Same Bad Outcome

Leo Tolstoy famously began his 1877 novel Anna Karenina with the observation, “All happy families are alike; each unhappy family is unhappy in its own way.” Much the same could be said of government contractors that find...more

Stinson - Government Contracting Matters

Another (Minor) Step in the Evolution of Section 889(a)(1)(B) Obligations

In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. We previously reported on the Federal...more

PilieroMazza PLLC

Prohibitions on Use of Chinese Telecommunications Equipment and Services, Complying with the NDAA

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Section 889(a)(1)(B) of the NDAA for Fiscal Year 2019 is now in effect. This section of the NDAA prohibits government agencies and government contractors they work with from using certain covered telecommunications equipment...more

PilieroMazza PLLC

[Webinar] Prohibitions on Use of Chinese Telecommunications Equipment and Services, Complying with the NDAA - August 21st, 2:00 pm...

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Section 889(a)(1)(B) of the NDAA for Fiscal Year 2019 is now in effect. This section of the NDAA prohibits government agencies and government contractors they work with from using certain covered telecommunications equipment...more

Stinson - Government Contracting Matters

Federal Contractors’ Compliance Responsibilities Just Got Easier, or Did They?

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Selling Products and Services to the Federal Government

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With its vast resources and needs, the federal government can be an attractive customer. Bob Korroch, co-chair of Williams Mullen’s Government Contracts Practice, provides a concise list of critical questions for businesses...more

Stinson - Government Contracting Matters

First COVID-19 Fraud Action Filed by the DOJ, and What It Means for Government Contractors

The U.S. Department of Justice (DOJ) announced it has taken its first action in federal court to combat fraud related to the coronavirus (COVID-19) pandemic. The heightened fraud enforcement establishes a new precedent for...more

Akin Gump Strauss Hauer & Feld LLP

Agencies Call for Comments on NDAA 2019 Section 889

• The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) announced (84 FR 25545) that they will hold a town hall-style public meeting on July 19, 2019,...more

Bass, Berry & Sims PLC

No Consensus on Materiality: Courts Continue to Grapple with Escobar’s Key Holdings

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Since the 2016 Supreme Court decision in Universal Services Inc. v. United States ex rel. Escobar, courts have wrestled with exactly how to apply the unanimous decision. This post highlights developments across the country in...more

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