Federal Acquisition Regulations (FAR)

I recently authored an article for Washington Technology discussing the recent final rule published by the Federal Acquisition Regulatory (FAR) Council clarifying that an offeror must be registered in the federal System for Award Management (SAM) when submitting an offer and when the contract is awarded, and how the rule change affects businesses trying to acquire federal contracts.Continue Reading FAR Council’s Final Rule Requiring Active SAM Registration at Two-Points in the Contract Acquisition Process

I was quoted by the Huntsville Business Journal (HBJ) in a recent article about the metro area’s economy, which relies heavily on government contract work, and why it may be positioned for even more federal growth. Currently, the Huntsville area market relies on what I called its “three major pillars” of federal contract work stemming from NASA, Redstone Arsenal and the FBI.Continue Reading Robust Federal Contracts Market in Huntsville

On August 15, the White House Office of Management and Budget’s (OMB) Office of Federal Procurement Policy (OFPP) announced agencies may “immediately begin eliminating one-third of requirements from their future contracts that are not required by statute or executive orders and have little to do with contract outcomes.” Continue Reading OFPP Green Lights Immediate Use of Revised Procurement Rules

The federal government’s commitment to supporting small businesses through procurement remains strong, but the shape and scale of that support may soon look very different. In accordance with recent executive orders, sweeping changes to acquisition policies are already underway and the future of key non-statutory provisions favoring small businesses is uncertain. While there has been no clear indication that the Federal Acquisition Regulation (FAR) Council intends to eliminate one of the most important of those provisions, known as “the Rule of Two,” its non‑statutory status means such a move is within the realm of possibility and is likely the reason that, as noted below, legislation codifying the Rule of Two was introduced earlier this year. This uncertainty underscores how dynamic the government contracting landscape has become and raises important questions about how reforms could impact small businesses that rely on federal contracts.Continue Reading Small Business Alert – Possible End for the Rule of Two?

On May 7, the Government Accountability Office (GAO) dismissed a protest challenging the terms of a solicitation for being unduly restrictive. The protest highlights three important considerations that contractors should understand when deciding to file a protest:Continue Reading Bid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest Timing

One of President Trump’s campaign themes was ending diversity, equity, inclusion (DEI) programs, and he moved quickly to address those campaign promises. Within days of his inauguration, the president issued two executive orders (EOs) overhauling how the federal government views programs seeking to advance DEI priorities.Continue Reading Implementation of Trump DEI Orders Slower than Expected: What Contractors Should Know

Through a duo of Executive Orders (EOs), issued on April 15 and 16 respectively, President Trump announced “a first-of-its-kind overhaul of Federal procurement policy.” The rewrite represents a once-in-a-generation opportunity to make an incredibly complex system more efficient and user friendly. With that said, while the president positions the changes as an effort of “increase[ing] competition and efficiency while decreasing costs,” the devil is in the details. Below we discuss areas of emphasis for the Trump administration, the short-term implications of the Federal Acquisition Regulations (FAR) rewrite, and explore important considerations that could inform what the final version of “FAR 2.0” looks like.Continue Reading White House Announces “Revolutionary FAR Overhaul”: What to Know

On March 14, the U.S. Court of Appeals for the  Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”  We wrote about the district court’s injunction here and here.Continue Reading Fourth Circuit Terminates Maryland District Court’s DEI Injunction