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 OpportunitiesWelcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production Awards
By Richard Arnholt on
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 AwardsImpact of Chevron Reversal on Government Contractors
By Brian Iverson on
Posted in Government Contracts
In a recent Law360 article, I provided insight on the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overruled the long-standing deference afforded to administrative agencies’ interpretations of ambiguous statutes. Although the Loper decision does not directly address government contracts, I noted that it will almost certainly be read to resolve a circuit split under which some circuits have deferred to agencies’ interpretations of ambiguous terms in their own contracts.
Continue Reading Impact of Chevron Reversal on Government ContractorsBoeing’s Status as Federal Contractor Following Guilty Plea Related to Fraud Charges
By Richard Arnholt on
Posted in Government Contracts, Suspension & Debarment
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 ChargesEffects of UFLPA on U.S. Importers
By Thad McBride on
Posted in Import (Customs), International Trade
In an article for Law360, I examined recent updates related to the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA bans U.S. companies from importing “goods, wares, articles or merchandise” that were produced using forced labor.
Continue Reading Effects of UFLPA on U.S. ImportersOHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements
By Adam Briscoe & Todd Overman on
Posted in Small Business Regulations and Programs
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 RequirementsAI and International Trade Aspects of Contractual Agreements
By Emily Burrows & Thad McBride on
Posted in Cybersecurity, International Trade
We recently authored an article published by Law.com emphasizing the significance of incorporating specific international standards, such as ISO/IEC 27001 for data security and ISO 9001 for quality management, into contractual agreements when dealing with artificial intelligence (AI) and international trade. We discussed how this integration can help manage AI effectively, minimize risks, increase transparency, and foster trust among the parties involved.
Continue Reading AI and International Trade Aspects of Contractual AgreementsSBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses
By Adam Briscoe & Todd Overman on
Posted in Small Business Regulations and Programs
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 BusinessesThe Tale of a Self-Disclosure
By Denise Barnes on
Posted in False Claims Act, Self-Disclosure
Last week, the Department of Justice (DOJ) announced a $12 million settlement with spinal device manufacturer, Innovasis Inc. (Innovasis), and senior executives Brent Felix and Garth Felix related to allegations that they violated the False Claims Act (FCA) by paying kickbacks to surgeons to induce their use of its spinal devices.
Continue Reading The Tale of a Self-DisclosureFAR 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