Tag Archives: FAR

New Policies on Sustainable Acquisition: Among the Last Proposed FAR Rules of the Obama Administration

Just two days before Donald Trump’s Inauguration, the Federal Acquisition Regulatory Council published a proposed rule to implement Executive Order 13693, Planning for Federal Sustainability in the Next Decade, and certain biobased acquisition provisions of the Agricultural Act of 2014.  The Council characterized the rule as advancing policies put into effect by an interim rule … Continue Reading

New FAR Rule Encourages “Constructive Exchanges” between Federal Agencies and Contractors

On November 29, 2016, the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration proposed an amendment to the Federal Acquisition Regulation (“FAR”) aiming to encourage pre-acquisition communications between industry professionals and federal agencies.  This amendment is part of a five-year long effort by the Obama Administration to clarify that communications … Continue Reading

Confidentiality Agreements Continue To Pose Potential Compliance Trap for Contractors

Federal contractors who require employees to sign confidentiality agreements—including those selling only commercial products or in small quantities—need to examine their agreements closely. For the last two years, the government has sought to prohibit confidentiality agreements that restrict employees’ ability to report fraud, waste, or abuse to “designated investigative or law enforcement representative[s]” for federal … Continue Reading

FAR Council Adds New Layer to Small Business Subcontracting Rules

On January 20, 2016, the FAR Council published a proposed rule calling for changes to FAR Parts 19 and 52 that address payments to small business subcontractors.  The proposed changes, which are intended to implement regulations adopted by the Small Business Administration (SBA) in 2013, will expand the range of small business-related obligations imposed on … Continue Reading

FAR Council Finalizes Federal Contractor Minimum Wage Rule

The FAR Council published a final rule to implement the President’s February 2014 Executive Order establishing a minimum wage for federal contractors.  The final rule adopts almost all of the provisions of last year’s interim rule, with a few changes that employers should note. First, the final rule clarifies the timing of price adjustments.  Because … Continue Reading

Contracting Officers Must Soon Separately Justify Awards to Offerors Proposing High-Percentage or “Pass-Through” Subcontracting

Over the past decade, Congress has focused on eliminating excessive “pass-through” charges—charges defined as overhead costs or profits passed to the Government by contractors adding negligible value over work done by lower-tier contractors.  The efforts began with the Post-Katrina Emergency Management Reform Act of 2006, which introduced limitations on tiered subcontracts after allegations that the … Continue Reading

FAR Council Issues Interim Rule Implementing LGBT Protections

On April 10, the Federal Acquisition Regulatory Council issued an interim rule “amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O. 13672) . . . and a final rule issued by the Department of Labor.”  As we previously blogged, Department of Labor’s (DOL’s) final rule implements E.O. 13672 and effectively “prohibit[s] discrimination on … Continue Reading

NIST Draft Standards Provide Guidance For Protecting CUI on Contractor Systems

On November 18, the National Institute of Standards and Technology (“NIST”) released Draft Special Publication 800-171 (“SP 800-171”), which includes new recommended security controls for nonfederal organizations such as government contractors, state and local governments, and colleges and universities that “process, store, or transmit” controlled unclassified information (“CUI”) on their own systems.  These draft standards … Continue Reading

Executive Orders Impose New Labor Requirements on Contractors

President Obama recently issued two Executive Orders designed to ensure that federal contractors maintain strict compliance with various labor-related laws and regulations if they wish to remain eligible for federal contracts.  Taken together, these Executive Orders place significant new compliance burdens on federal contractors.  Please see our attached article for an in-depth analysis of these requirements and … Continue Reading

Court of Federal Claims Stays Decision Requiring Commercial Item Contractor to Comply with Non-Commercial Practices

Contractors supplying commercial products and services to the U.S. Government under the Federal Supply Schedule (“FSS”) or General Services Administration (“GSA”) Schedules program may be required to comply with non-commercial requirements. Until recently, it was thought that rules in Part 12 of the Federal Acquisition Regulation (“FAR”) applicable to commercial item purchases—rules that restricted agencies … Continue Reading

House introduces the “Reforming Federal Procurement of Information Technology Act”

Rep. Anna G. Eshoo (D-Calif.) recently introduced the Reforming Federal Procurement of Information Technology (“RFP-IT”) Act. This Act is similar in many ways to earlier drafts of the FITARA bill on which we have previously reported, with a few notable differences. Among other things, the RFP-IT Act would: significantly increase the Simplified Acquisition Threshold for … Continue Reading
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