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Richard Arnholt

Richard Arnholt advises companies, large and small, on the complex rules and regulations applicable to grants and contracts from federal and state governmental entities. In an era of increased budgetary pressures for contractors, Richard focuses his practice on providing practical business and legal guidance to help clients efficiently navigate the minefield of government procurement and grant regulations.

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On September 19, the Government Accountability Office (GAO) issued a report highlighting a gap in current Organizational Conflicts of Interest (OCIs) restrictions. According to the report, the Federal Acquisition Regulation (FAR) does not adequately address how contracting officers should consider bids from contractors who engage in contracting activities with the government of China and other countries of concern.Continue Reading New Organizational Conflict of Interest Regulations Coming Soon

On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity Maturity Model Certification (CMMC) 2.0 program rule. Continue Reading DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program

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 (NDC) may be treated by the government as commercial without any commercial determination pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) 252.215-7013. Continue Reading Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities

We have addressed on this blog questions relating to jurisdiction at the GAO, Court of Federal Claims (CFC), and district courts to hear suits relating to awards using the government’s Other Transaction (OT) authority. Multiple agencies now have this OT authority, which was first conceived by the principal architect of the 1958 NASA authorizing statute, Paul Dembling, who included in that legislation a catchall authorizing “other transactions as may be determined as necessary in the conduct of its work and on such terms as it may been appropriate.” Continue Reading Welcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production Awards  

In a recent Law360 article, I discussed Boeing’s status as a federal contractor following the company’s guilty plea related to the fraud charges stemming from safety violations of its 737 Max 8 airplane. Although Boeing is one of the government’s top contractors for its work with the Department of Defense in terms of dollar value, the guilty plea could result in possible suspension or debarment from future federal contracts.Continue Reading Boeing’s Status as Federal Contractor Following Guilty Plea Related to Fraud Charges

On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that increased the minimum wage paid by government contractors to $15 an hour. Continue Reading Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case

Your company, which has never had a federal grant or contract, was just awarded a $10 million grant to fund a much-needed construction project. Now what? Register for our upcoming webinar that will answer this question and more.
Continue Reading Register Now: The Rules and Risks of Federal Grant-Funded Construction Webinar

On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and subcontractors have until July 1 to sign in and certify they have developed, and continue to maintain, AAPs.  Continue Reading OFCCP Requires Affirmative Action Program Certification by July 1

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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