Regulatory action around sustainable procurement and climate change continues to heat up. A recent Federal Acquisition Regulation (FAR) case on Sustainable Procurement takes another step towards implementing the Biden administration’s ambitious vision of leveraging federal procurement to confront the climate crisis. FAR case 2022-006 …›
Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many Federal procurements. The outgoing and incoming Administrations each took actions this January that will …›
MoFo law clerk Markus Speidel co-wrote an article for National Contract Management Association’s Contract Management magazine with George Washington University Law School Professor Steven Schooner. The article, titled “‘Warming Up’ to Sustainable Procurement,” discusses how the procurement community can address climate change via sustainable …›
The Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting at the Office of the Under Secretary of Defense. The …›
Earlier this week, the FAR Council issued a proposed rule to implement President Trump’s Executive Order 13881. The Executive Order called for the expansion of the preference for domestic goods, products, and materials – particularly domestic iron and steel – in Federal procurements. If …›
A recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act (TINA). The Armed Services Board of Contracting Appeals did …›
The federal contracting process is famous for its exacting approach to competitive procurement, which safeguards taxpayer funds and principles of fairness. This emphasis on process, however, can slow the wheels of the acquisition machine. The rapid spread of COVID-19, however, has required …›
The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA). EO 13881 orders the Federal Acquisition Regulatory Council (FAR Council) within 180 days to “consider …›
The most common question we hear from clients about the recent boom in the Department of Defense’s spending on other transactions, or OTs, is a simple one: How can I get in on the action? Understandably, OTs – essentially contracts not subject …›