Statute
FAR
209 published works
GovCon & Trade
DOD Publishes Final Rule Redesignating Contracts Previously Awarded Under FAR Part 12 Guidelines as Commercial Item Determinations (CIDs)
By Todd Overman
The Department of Defense (DOD) recently issued a final rule implementing Section 828 of the NDAA for Fiscal Year (FY) 2018, requiring the treatment of the majority of contracts for…
The Contractor's Perspective
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.…
Global Regulatory Enforcement Law Blog
GAO sustains protest where agency fails to establish a competitive range and engages in unequal discussions only with the awardee
By Liza Craig, Edward Fultz, Karim Alhassan
On April 25, 2022, the Government Accountability Office (GAO) sustained a protest filed by Rice Solutions LLC, challenging the award of a Department of Health and Human Services Indian Health…
The Contractor's Perspective
With Electronic Proposals, Sometimes Even On-time Submissions Can Be Late
Punctual people often live by the maxim: “If you’re early, you’re on time. If you’re on time, you’re late.” When submitting electronic proposals under FAR 52.212-1, those are words to…
Global Regulatory Enforcement Law Blog
GAO determines protestor is not an interested party and also filed an untimely protest
On April 14, 2022, the Government Accountability Office (GAO) dismissed a protest in the Matter of U.S. Marine Management, Inc. B-420468, finding the protest untimely because the protester filed it…
Federal Construction Contracting Blog
Federal Construction Contractors Are Faced With the Double Whammy of the Pandemic and Price Escalation: What Can Be Done?
By Michael H. Payne, Casey J. McKinnon
When the COVID-19 pandemic took hold in March 2020, various lockdowns were ordered and Americans learned a new term—“social distancing.” Working remotely using videoconferencing platforms became commonplace and, in most…
GovCon & Trade
New Enhanced Debriefing Rule for Government Contractors
I recently outlined the implications of the Department of Defense’s (DoD) new “enhanced debriefing rule” for government contractors that is intended to provide information and details about award decisions. However,…
The Contractor's Perspective
Recent Board Decisions Explain Why COVID-19 Won’t be a “Get-Out-of-Jail-Free Card” for Contractors Facing Terminations for Default
Now that we are two years into the COVID-19 pandemic in the United States, it should come as no surprise that several cases discussing whether COVID-19 is an excusable delay…
The Federal Government Contracts & Procurement Blog
Material Escalation: A Difficult Road to Recover Costs
The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel…
Government Contracts & Investigations Blog
What Are the 2022 Small Business Set-Aside Thresholds?
By Emily Theriault, Sheppard Mullin
As we head into the new year, it seems like a good time to check-in on the adjusted small business set-aside thresholds for 2022. As you may recall, the threshold…