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Federal Construction Contracting Blog

Complying with the Government’s Restrictions on Foreign Telecommunications Equipment

By Jeffrey E. Jakob

February 22, 2021

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Government contractors are facing a significant compliance burden thanks to three new FAR provisions that impose restrictions on contractors who supply or use Chinese telecommunications equipment or services. Generally speaking, the new FAR provisions, 52.204-24, 52.204-25, and 52.204-26, are designed to ensure that contractors do not supply any covered equipment or services to the government (the “supply restriction”) or use any covered equipment or services in their business (the “use restriction”). Covered equipment or services…

Federal Construction Contracting Blog

Important Changes to the Buy American Act – Key Updates for Contractors

By Casey J. McKinnon

February 12, 2021

The Buy American Act includes a preference for “domestic end products” and “domestic construction materials” on federal projects absent a waiver. Prior to recent revisions, domestic end products and domestic construction materials were those that were: 1) manufactured in the U.S.; and 2) made up of at least 50% domestic components or, alternatively, were Commercially Available Off-The-Shelf (COTS) items. The FAR Council recently issued a final rule that makes substantial changes to the FAR’s Buy…

Federal Construction Contracting Blog

Biden’s Buy American: More Oversight and More Information

By Ryan Boonstra

February 4, 2021

The Biden administration seems to be doubling down on the application and enforcement of the Buy American Act with the president’s January 25 executive order. While former President Trump’s order focused on increasing domestic material percentages, President Biden’s order focuses on oversight, enforcement, and access to information. The first part of President Biden’s order establishes a Made in America Office (MAO) to increase oversight of Buy America and Buy American waivers. Buy America gives…

Federal Construction Contracting Blog

SBA Changes Ensure Small Businesses Can Utilize Teaming Arrangements and Subcontractor Experience

By Casey J. McKinnon

January 26, 2021

Late last year, the U.S. Small Business Administration (SBA) issued a lengthy final rule that made changes to various SBA regulations. While the SBA highlighted its changes to the Mentor-Protégé program, the rule will have wide-ranging impacts on small business contracting, including the treatment of a small business offeror’s capabilities, past performance, and experience. Prior to the issuance of the SBA’s new rule, FAR 15.305(a)(2)(iii) stated that an agency “should” consider the past performance of…

A Closer Look: Internal Investigations

The Regulations Remain – Federal Judge Denies State AG’s Challenges to the New Title IX Regulations

By Brionna Denby

August 20, 2020

Judge gavel or auction hammer icon with long shadow.

Despite 18 attorneys general, including Delaware, Pennsylvania, New York, and Washington, DC, vigorously challenging the substance of the new Title IX Regulations (the Final Rule) and its August 14 effective date by filing a Motion for Preliminary Injunction, two days before the regulations were set to take effect, federal District Court Judge Carl Nichols issued an opinion denying the injunction. The U.S. Department of Education (DOE) released an unofficial version of the Final Rules…

A Closer Look: Internal Investigations

State Attorneys General First to Formally Challenge New Title IX Regulations

By Brionna Denby

June 11, 2020

While many individuals and organizations have provided commentary and criticism over the revised Title IX regulations (the Rules) released in early May amidst the COVID-19 pandemic, 18 states’ attorneys general have collaborated to file suit challenging the changes to the Rules. The suit filed on June 4, 2020, in the U.S. District Court for the District of Columbia is believed to be the first to challenge the controversial revisions to the Title IX regulations. The…

A Closer Look: Internal Investigations

Yes, It’s True: Department of Education Issues Title IX Regulations During a Pandemic

By Shanlon Wu

May 7, 2020

Who would have thought in the fall of 2019, when we were all waiting with bated breath for U.S. Secretary of Education Betsy DeVos to issue the new Title IX regulations that the regulations would instead be issued in the spring during a pandemic? Yes, indeed— the new Title IX regulations are here and have arrived when all students and educators are working remotely. Of particular note: Cross-Examination: Cross-exam is now permitted by “advisors” to…

Federal Construction Contracting Blog

DOD Releases Class Deviation and Related Guidance Implementing Section 3610 of the CARES Act

By Michael H. Payne & Jeffrey E. Jakob

May 1, 2020

The Coronavirus Aid, Relief, and Economic Surety (CARES) Act was enacted on March 27 to provide relief from the effects of the COVID-19 pandemic. Section 3610 of the CARES Act authorizes agencies to reimburse federal contractors for leave provided to employees who cannot work as a result of the COVID-19 public health emergency. As we explained in a previous blog post, there are many questions as to how Section 3610 will be implemented. Those…

A Closer Look: Internal Investigations

Correspondence Encourages the DOE Not to Release New Title IX Regulations Amidst the COVID-19 Pandemic

By Kate Emert Gleason

April 9, 2020

Just a few short weeks ago, college students were in the midst of their spring semester, contemplating spring break, finals, graduation, and athletic conferences. At the same time, members of higher education institutions anticipated the release of the Department of Education’s (DOE) final version of the proposed Title IX regulations. As of the beginning of the year, the DOE sent a finalized version of the regulations to the White House Office of Management and…

Federal Construction Contracting Blog

Delays Resulting From Coronavirus May Be Both Excusable and Compensable

By Michael H. Payne, Robert Ruggieri & Casey J. McKinnon

April 6, 2020

As the economic crisis caused by COVID-19 evolves and worsens, there are many novel questions that government contractors and government agencies face. Certain FAR clauses that limit a contractor’s right to recover damages need to be revisited, including the clause entitled “Default (Fixed-Price Construction)” found at FAR 52.249-10. Under this clause, delay resulting from an Act of God, such as an epidemic, is excusable, but it is also non-compensable. This holds out the very real…

Cohen Seglias Pallas Greenhall & Furman

Cohen Seglias Pallas Greenhall & Furman Blogs

Blog Authors

Complying with the Government’s Restrictions on Foreign Telecommunications Equipment

Important Changes to the Buy American Act – Key Updates for Contractors

Biden’s Buy American: More Oversight and More Information

SBA Changes Ensure Small Businesses Can Utilize Teaming Arrangements and Subcontractor Experience

The Regulations Remain – Federal Judge Denies State AG’s Challenges to the New Title IX Regulations

State Attorneys General First to Formally Challenge New Title IX Regulations

Yes, It’s True: Department of Education Issues Title IX Regulations During a Pandemic

DOD Releases Class Deviation and Related Guidance Implementing Section 3610 of the CARES Act

Correspondence Encourages the DOE Not to Release New Title IX Regulations Amidst the COVID-19 Pandemic

Delays Resulting From Coronavirus May Be Both Excusable and Compensable

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