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On June 2, the Federal Acquisition Regulatory Council published an interim final rule ("IFR") to ban the use of a ByteDance Covered Application (i.e., TikTok) in government contracting. This rule is effective June 2, 2023 and "prohibits contractors from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the contractor under a contract, including equipment provided by the contractor's employees.”
Every federal contractor knows how difficult it is to win a government contract. Indeed, contractors often start pursuing larger contracts or vehicles well over a year before the solicitation is even published. And, while each contractor’s business development and capture strategies vary, they typically share two characteristics: copious amounts of time and money. Given the financial burden and significant hurdles between contractors and a contract, it is exhilarating to receive a notice of award.
That sense of accomplishment, however, can be fleeting, particularly where ...
The Federal Trade Commission (“FTC”) recently issued a proposed rule, which, if enacted as written, would ban essentially all non-compete agreements by private employers. The proposed rule is one of the broadest expansions of agency authority in the FTC’s history, raising a myriad of considerations for all employers.
Briefly, the proposed rule would prohibit employers from entering agreements with employees, regardless of what the agreements are called, if their substantive effect would prohibit or otherwise restrict employees from working for another company or ...
Recently, the U.S. House of Representatives and Senate overwhelmingly approved the National Defense Authorization Act for Fiscal Year 2023 ("FY23 NDAA"). The legislation is welcome news for both the Department of Defense ("DoD") and defense contractors – the bill now heads to the President's desk for signature.
While the legislation is over 4,400 pages, covering a host of issues, one provision may have a profound impact on the defense industrial base ("DIB"): inflation relief under Section 822, Modification of Contracts to Provide Extraordinary Relief Due to Inflation ...
On November 17, 2022, the Small Business Administration (“SBA”) issued a final rule and several interim final rules effective December 19, 2022 that upwardly adjust some of SBA’s monetary thresholds for inflation. The changes are welcome news in this period of economic uncertainty because they will ultimately help more small businesses participate in federal set-aside opportunities. As summarized below, SBA’s new rules cover three inflationary adjustments: (1) receipts-based size standards; (2) economic disadvantage thresholds; and (3) the 8(a) sole source ...
The landmark Bipartisan Infrastructure Law (“BIL”) is a once-in-a-generation initiative to address aging U.S. infrastructure needs and equalize greater access to public resources. While the Administration continues to move with impressive speed in creating the administrative channels and oversight offices necessary to implement the billions of dollars that have been appropriated for this impressive undertaking, recipient agencies have had more difficulty in evaluating and implementing the requirements of the BIL, including the domestic sourcing preferences ...
Yesterday, the U.S. Government Accountability Office (“GAO”) published its Bid Protest Annual Report to Congress for Fiscal Year 2022. GAO’s annual report is required under the Competition in Contracting Act of 1984 (“CICA”) and provides the government contracting community with good insight into GAO’s bid protest function. [1]
Despite being just four pages (excluding GAO’s letter regarding one instance in which an agency did not follow GAO’s recommendation), [2] GAO’s report is highly informative because it showcases key bid protest statistics and ...
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 June 16, 2022, the Department of Defense ("DoD") issued a memorandum on cybersecurity compliance, Contractual Remedies to Ensure Contractor Compliance with Defense Federal Acquisition Regulation Supplement Clause 252.204-7012, for contracts and orders not subject to Clause 252.204-7020; and Additional Considerations Regarding National Institute of Standards and Technology Special Publication 800-171 Department of Defense Assessments. The memo is important for defense contractors because it reminds procuring officials of alternative remedies and tools that are ...