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 ServicesBid 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 IssuesFinal 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 CriteriaDispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers Jurisdiction
On March 6, the Federal Circuit held that a software company sufficiently established jurisdiction under the Contract Dispute Act (CDA) where its end-user license agreement (EULA) was incorporated into another contractor’s Federal Supply Schedule (FSS) agreement with the Food and Drug Administration (FDA).
Continue Reading Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers JurisdictionProposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
On January 29, the Biden administration announced several policy initiatives aimed at addressing pay transparency and equity, including a proposed rule issued by the Department of Defense (DOD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and Office of Federal Procurement Policy (OFPP).
Continue Reading Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting CommunityDepartment of Defense Publishes Long-Awaited CMMC Proposed Rule
On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors and subcontractors.
Continue Reading Department of Defense Publishes Long-Awaited CMMC Proposed Rule[WEBINAR] Build, Buy, Thrive: A Manufacturer’s Guide to Success in Federal Projects
I am looking forward to discussing the Build America Buy America Act during a Tennessee Apex Accelerator webinar on Wednesday, January 24, 2024.
Continue Reading [WEBINAR] Build, Buy, Thrive: A Manufacturer’s Guide to Success in Federal Projects[WEBINAR] SBA ASMPP Joint Ventures: Best Practices for Successful Partnerships
A key aspect of SBA’s All Small Mentor Protégé Program (ASMPP) is the opportunity for mentors and protégés to form joint ventures to bid together on federal contracts and qualify as a small business.
Continue Reading [WEBINAR] SBA ASMPP Joint Ventures: Best Practices for Successful PartnershipsNew Rule Seeks to Streamline DoD Commercial Product and Service Procurements
On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition Regulation Supplement (DFARS) clauses are inapplicable to DoD commercial item procurements, including acquisitions of commercial off-the-shelf items and commercial services. The changes aim to reduce barriers to entry and administrative burden for nontraditional defense contractors and streamline DoD procurement of innovative technologies from the private sector.
Continue Reading New Rule Seeks to Streamline DoD Commercial Product and Service Procurements