Topic Archives: Compliance

Federal Procurement
February 21, 2018Acquisition Regulations, Compliance

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation.  Today more than ever, however, the federal government is making use of cutting edge procedures and methods to attract commercial companies to government contracting and to encourage modernization and efficiency in procurements.  Below we ...›

February 1, 2018Compliance, Defense

Millennials Outraged Over GAO Decision Upholding DoD Determination that Millennials Won’t Keep a Job

(Editor’s Note: The author of this post is millennial, though she does not admit it and we don’t hold it against her.) “Outraged” may be a tad dramatic, and the Department of Defense (DoD) didn’t actually make any determinations about millennials and their work ethic, but nevertheless millennials took center stage in the Government Accountability ...›

January 25, 2018Compliance

Don’t Mean to Harsh Your Mellow, But…

In a time of uncertainty caused by competing state and federal laws surrounding the use of recreational marijuana, the Drug-Free Workplace Act sets forth clear expectations for government contractors: they must follow federal laws prohibiting drug use when operating in states that allow such use. This is an obligation that is more important than ever ...›


Hurricanes, Floods, Tornadoes, and Power Loss: What’s A Government Contractor To Do? Act Now Under Your Contract, While You Fix the Roof

This article has been republished in Law360. The aftermath of a hurricane is a difficult time for many in the affected areas, and government contractors are no exception.  Hurricanes Harvey and Irma caused terrible damage in Texas and Florida, claiming lives and extensively damaging property.  The costs of these hurricanes are staggering.  Recovery will be ...›

June 12, 2017Compliance, Protests & Litigation

O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government Contract

In contracts – and especially in government contracts, where one is expected to “turn square corners” – we often analyze breach of contract in light of the jots and tittles of a contract’s express terms.  And, in bringing a Contract Disputes Act (CDA) claim against the Government based upon an alleged breach, one’s focus usually ...›


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 ...›

May 17, 2017Compliance, Grants

OMB Gives Grant and Cooperative Agreement Recipients Additional Time to Comply With New Procurement Requirements Mandated by “Super Circular”

The Office of Management and Budget (“OMB”) announced earlier this week that it is giving universities, nonprofits, state and local governments, and other “non-Federal entities” an additional year to comply with the new procurement standards that were part of the extensive changes to administrative processes, cost accounting, and audit requirements set in motion by OMB’s December ...›

May 11, 2017Compliance, Schedule Contracting

Risky Business — Intracompany Transfers at Price v. Cost

The FAR cost principles and their DAR and ASPR predecessors have long provided that “materials, supplies, and services” can be transferred between “divisions, subdivisions, subsidiaries, or affiliates of the contractor” at a “price,” rather than at the transferring entity’s cost, only when (i) it is the transferor’s established practice to make such transfers at price for the ...›

March 27, 2017Compliance, Resources

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services.  It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government. ...›