On August 9, the Department of Health and Human Services (HHS) published a proposed rule that seeks to amend and update the Health and Human Services Acquisition Regulation (HHSAR) to align health IT procurement requirements. The rule mandates that health IT procured by HHS meet certain “standards and implementation specifications adopted by the Office of the National Coordinator for Health Information Technology.”Continue Reading HHS Proposed Rule Seeks to Align Health IT Procurement Standards to Leverage Interoperable Data
DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program
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
OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements
In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement (JVA) and its supporting addendum disqualified it from small business status for the subject procurement.Continue Reading OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements
SBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses
On June 6, the Small Business Administration (SBA) issued a final rule that, effective August 5, 2024, implements a provision of the National Defense Authorization Act for Fiscal Year 2024 (2024 NDAA), which eliminates the ability of service-disabled veteran-owned small businesses (SDVOSBs) to self-certify their small business socioeconomic status for subcontracts and other non-set aside prime contracts. Continue Reading SBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses
FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive agencies from procuring electronic goods and services incorporating semiconductor products and services from certain named companies and others affiliated with the governments of U.S. adversaries. Continue Reading FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3
On May 2, the Department of Defense (DOD) issued a class deviation to DFARS 252.204-7012 “to provide industry time for a more deliberate transition upon the forthcoming release of [National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, Revision 3].”Continue Reading Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3
Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case
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
New Rule Requires Agencies to Procure Sustainable Products and Services
On April 22, the Department of Defense, General Services Administration, and National Aeronautical and Space Administration (NASA) promulgated a final rule amending the Federal Acquisition Regulation (FAR) to implement an agency requirement to procure sustainable products and services to the maximum extent practicable.Continue Reading New Rule Requires Agencies to Procure Sustainable Products and Services
Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Security Act) and the solicitation’s System for Award Management (SAM) registration requirements. GAO disagreed with the Department of State’s (or Agency) arguments, holding that Pernix Federal LLC’s (Pernix) submissions complied with all requirements of the prequalification process and the solicitation.Continue Reading Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
On March 12, the Department of Defense (DOD) promulgated a final rule that expands the eligibility criteria for the Defense Industrial Base (DIB) Cybersecurity Program, a voluntary initiative aimed at bolstering the DIB’s ability to safeguard critical information. Continue Reading Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria