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Posts from October 2022.

On October 26, 2022, John M. Tenaglia, Principal Director, Defense Pricing and Contracting, issued Class Deviation 2023-O0001 to direct contracting officers to use alternate procedures to verify small business joint venture offeror eligibility instead of using the System for Award Management ("SAM"). The Class Deviation takes effect on October 28, 2022 and remains in effect until rescinded.

Under the Class Deviation, DoD contracting officers are required to include the following statement in solicitations:

  • “A small business joint venture offeror must submit, with its ...

Numerous changes to the Buy American Act (“BAA”) have been proposed and implemented in recent years, with another one coming this week. Beginning tomorrow, on October 25, 2022, the domestic content requirement for components in non-ferrous manufactured end products and construction materials will increase from 55% to 60%. This increase will be the first of three phased increases for such products implemented under the Biden Administration.

As a brief recap, the BAA is a domestic preference statute that encourages federal agencies to procure manufactured end products or ...

On October 19, 2022, the Safer Federal Workforce Task Force published an update for federal contractors regarding new guidance from the Office of Management and Budget ("OMB") on the contractor vaccine mandate.

For now, despite the recent lifting of the nationwide injunction on enforcing Executive Order ("EO") 14042 (Sept. 9, 2021), the new guidance says that agencies should not take steps to require covered contractors to comply with previously issued Task Force guidance or enforce contract clauses implementing EO 14042.

Moreover, to allow time to develop advice/procedures ...

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