Topic Archives: Acquisition Regulations

Small Business
September 11, 2017Acquisition Regulations, Small Business

NAICS Code Appeals: One Size Does Not Fit All

The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal.  Instead, different size standards define small business status for different procurements.  The size standards vary from industry to industry, so a given firm may be a small business for one procurement at the same time it ...›

Federal Procurement
August 3, 2017Acquisition Regulations

Extending Solicitation Deadlines At GAO Versus The COFC: It’s Not Over ‘Til It’s Over (Unless The COFC Says It Is)

As every Government contractor knows, “late is late,” and a proposal received after the time set for receipt of proposals is ineligible for award—or is it? At the Government Accountability Office, an agency’s discretion to extend a solicitation’s due date may continue even after the solicitation closes. But at least one judge of the U.S. ...›

Federal Procurement

GSA Seeks Input On Repeal, Replacement, and Modification of Policies and Regulations

On Tuesday, May 30, 2017, the GSA issued a request for comments seeking “input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs, that may be appropriate for repeal, replacement, or modification.”  GSA issued this broad request in furtherance of Executive Order 13777, ...›

Federal Procurement
May 24, 2017Acquisition Regulations

DOD’s Prototype OTA Guide Offers Insight Into DOD’s Experiment In Regulation-Free Acquisition

In January 2017, the Department of Defense issued updated guidance for acquisition officials entering into and managing what are known as other transaction agreements (OTAs) for prototyping projects. As a general rule, OTAs are not considered procurement contracts, grants or cooperative agreements, but something else; and they are not subject to the Federal Acquisition Regulation, ...›

Compliance

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit Electronic Part Detection and Avoidance Systems.  Although the DFARS clause focuses on electronic parts, any company contracting or subcontracting with the ...›

Small Business

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts.  The proposed rule requires DoD agencies to assign an evaluation cost penalty to the proposed price of any contractor expecting to receive reimbursement from ...›

Federal Procurement

Texas Court Temporarily Stops Implementation of Fair Pay and Safe Workplaces

Last week, Judge Marcia Crone of the United States District Court for the Eastern District of Texas stopped the implementation of controversial provisions of Executive Order 13673, Fair Pay and Safe Workplaces, the associated FAR rule and Department of Labor Guidance (“the rules”). The Executive Order, which was first issued in 2014, requires contracting officers ...›