We will join Chuck Jenkins, CEO of CWU, Inc., to present a panel titled “Preventing a Potential Protest/Handling a Federal Contract Protest Once it is Filed” for the FPTAC at the University of South Florida on June 8, 2023. Continue Reading Preventing a Potential Protest/Handling a Federal Contract Protest Once it is Filed
Government Contracts
NIST Releases Public Draft of Revised Guidelines Aimed at Helping Contractors Protect Sensitive Information
By Adam Briscoe on
Posted in Cybersecurity, Government Contracts
On May 10, the National Institute of Standards and Technology (NIST) released its initial public draft of SP 800-171, Revision 3, a set of updated guidelines aimed at helping organizations better handle confidential unclassified information (CUI) that resides on non-federal systems. Continue Reading NIST Releases Public Draft of Revised Guidelines Aimed at Helping Contractors Protect Sensitive Information
Safer Federal Workforce Task Force Effectively Halts Federal Contractor Vaccine Mandate
By Richard Arnholt & Adam Briscoe on
Posted in COVID-19, Government Contracts
On May 1, the Safer Federal Workforce Task Force (SFWTF) issued an update that the Biden administration plans to end COVID-19 vaccination mandates established under Executive Orders (EO) 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors and EO 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Continue Reading Safer Federal Workforce Task Force Effectively Halts Federal Contractor Vaccine Mandate
Ninth Circuit Green Lights Contractor Vaccine Mandate
By Richard Arnholt on
Posted in COVID-19, Government Contracts
On April 19, the U.S. Court of Appeals for the Ninth Circuit reversed a permanent injunction that had enjoined President Biden’s “Contractor Vaccine Mandate,” taking an expansive view of presidential authority under the Federal Property and Administrative Services Act (FPASA). Continue Reading Ninth Circuit Green Lights Contractor Vaccine Mandate
Recent False Claims Act Settlements in Government Contracts Cases
By Charlotte Elam on
The government continues to prioritize fraud involving government contractors, as the Department of Justice’s (DOJ) most recent annual report on civil fraud recovery shows.
Although the majority of government recoveries are related to the healthcare industry, the government still recovered hundreds of millions of dollars in 2022 alone not related to the healthcare industry. Government…
Department of Defense to Require Contractors Proactively Provide DCMA with Export Authorizations
By Thad McBride & Todd Overman on
Posted in Government Contracts, International Trade
On March 22, the Department of Defense (DOD) issued a proposed rule that would amend the Defense Federal Acquisition Regulations (DFARS) to require certain contractors to provide the Defense Contract Management Agency (DCMA) with relevant export authorizations (i.e., export licenses, exemptions, or exceptions). Currently, contractors are only required to make their export authorizations available for DCMA personnel to review at the contractor’s site. This rule would change that by shifting the burden to federal contractors.
Continue Reading Department of Defense to Require Contractors Proactively Provide DCMA with Export Authorizations
First CHIPS Opportunity Lays Out Requirements and Application Process
By Todd Overman on
Posted in Construction, Government Contracts
On August 9, 2022, the CHIPS and Science Act was signed into law allocating $52.7 billion in funding to the semiconductor industry. The legislation represents a historic investment in a critical industry and is designed to drive innovation and global economic competitiveness. Continue Reading First CHIPS Opportunity Lays Out Requirements and Application Process
SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier
By Todd Overman on
On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that would amend the SBA regulations to implement Section 870 of the National Defense Authorization Act (NDAA) of 2020. Section 870 makes noteworthy changes to the requirements a federal contractor must adhere to when attempting to obtain subcontracting credit for lower-tier subcontracts. Continue Reading SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier
[WEBINAR] Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small Businesses
By Todd Overman on
I am looking forward to participating in a webinar titled, “Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small Businesses” hosted by Strafford on February 28, 2023, from 1:00 pm-2:30 pm EST. Our panel will guide counsel on navigating the SBA certification program for VOSBs and SDVOSBs effective Jan. 1, 2023. We will review eligibility requirements, crucial certification procedures, and compliance obligations for entities and joint ventures. The panel will also offer certification best practices for receiving future set-aside or sole-source federal government contracts. Continue Reading [WEBINAR] Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small Businesses
Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships
By Todd Overman on
Posted in Bid Protests, Government Contracts
Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for firms who lack the required substantive past performance bonafides. A recent Government Accountability Office (GAO) decision offers another avenue as the agency attributed the past performance of two joint venture (JV) partners who previously worked as a prime and subcontractor on similar contracts to their Mentor-Protégé JV. Continue Reading Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships