As we wrote back in November 2021, the Biden Administration issued Executive Order 14055 reinstating most of the concepts from the Obama Administration era nondisplacement Executive Order 13495. Two months after Biden’s imposed deadline of May 2022, the U.S.
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ASBCA Finds COVID Mitigation is a Sovereign Act

Unlike private parties in a contract, the government has several unique rights that allows it to avoid its contractual obligations in certain circumstances. We have written about the government’s right to terminate contracts for convenience. But the government may…
How a reservation of rights can affect the outcome of a dispute on a government contract
Recent SIGAR Reports Highlight Ongoing Oversight Role
AbilityOne Program Nonprofit Agencies Have Standing To Challenge Federal Agency Procurements That Violate Mandatory Provisions Of The JWOD Act

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently ruled in SEKRI, Inc. v. U.S., No. 21-1936 (May 13, 2022), that a non-profit agency that was the sole mandatory source for a…
Set Asides Will Now Apply to Overseas Procurements

On April 26, 2022, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the FAR to include overseas contracts as part of agency small business contracting goals. This would allow small business contracting procedures to apply to…
When can the government cancel a solicitation? 5 things contractors need to know.

In Seventh Dimension, LLC v. United States, No. 21-2275C (May 11, 2022), the Court of Federal Claims provided detailed guidance concerning the question of “whether, and under what circumstances, the government may cancel a Federal Acquisition Regulation (“FAR”) part…