Government Contracts Insights

April 24, 2024 - Acquisition Regulations
Airing of Grievances: FAR Council Invites Novation Comments
By: Damien C. Specht, James A. Tucker, Nicole E. Giles and Liam M. Bowers
Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors related to novation and change-of-name agreements under FAR 42.12. In particular, the FAR
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April 09, 2024 - Acquisition Regulations, Defense, Domestic Preferences
DFARS Realigns with FAR Buy American Requirements
By: Markus Gerhard Speidel
For the second time in as many years, the Department of Defense (DOD) has issued a final rule that brings its Buy American Act (BAA) requirements into alignment with the Federal Acquisition Regulation (FAR). The final rule amends the Defense FAR Supplement (DFARS) Part 225
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November 11, 2022 - Acquisition Regulations
White House Announces Federal Supplier Climate Risks and Resilience Rule
By: Markus Gerhard Speidel
The Biden Administration unveiled details regarding a forthcoming proposed Federal Acquisition Regulation (FAR) rule on Greenhouse Gas (GHG) emission disclosures for major federal suppliers on November 10, 2022. Titled the “Federal Supplier Climate Risks and Resilience Rule,” the proposed FAR rule would impose emission disclosure
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July 12, 2022 - Acquisition Regulations, Federal Procurement, Domestic Preferences
Chasing the FAR: DOD’s Buy American Act Final Rule
By: Markus Gerhard Speidel
Recently, the Department of Defense (DOD) issued a final rule that immediately implements President Trump’s Executive Order (E.O.) 13881 to maximize the government’s procurement of American-made goods, products, and materials under the Buy American Act (BAA) statute. The final rule conforms the DOD’s pre-existing
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April 11, 2022 - Acquisition Regulations
Sustainable Procurement FAR Case to Clarify FAR Part 23
By: Markus Gerhard Speidel
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 will implement
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February 05, 2021 - Acquisition Regulations, Federal Procurement
New Year, New Domestic Preference Restrictions: Trump Final Rule and Biden Executive Order
By: Damien C. Specht and James A. Tucker
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
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January 05, 2021 - Acquisition Regulations
MoFo Law Clerk Co-Authors Contract Management Article on Sustainable Procurement
By: Markus Gerhard Speidel
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
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October 16, 2020 - Acquisition Regulations, Defense
New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority
By: J. Alex Ward and Kathy C. Weinberg
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 DCMA
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September 17, 2020 - Acquisition Regulations, Federal Procurement, Domestic Preferences
Proposed Rule to Amend the Far’s Implementation of the Buy American Act
By: Damien C. Specht and James A. Tucker
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
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May 11, 2020 - Acquisition Regulations, Protests & Litigation
Try, Try Again
By: Kathy C. Weinberg
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 not
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Topic Archives: Acquisition Regulations

Airing of Grievances: FAR Council Invites Novation Comments

By: Damien C. Specht, James A. Tucker, Nicole E. Giles and Liam M. Bowers

DFARS Realigns with FAR Buy American Requirements

By: Markus Gerhard Speidel

White House Announces Federal Supplier Climate Risks and Resilience Rule

By: Markus Gerhard Speidel

Chasing the FAR: DOD’s Buy American Act Final Rule

By: Markus Gerhard Speidel

Sustainable Procurement FAR Case to Clarify FAR Part 23

By: Markus Gerhard Speidel

New Year, New Domestic Preference Restrictions: Trump Final Rule and Biden Executive Order

By: Damien C. Specht and James A. Tucker

MoFo Law Clerk Co-Authors Contract Management Article on Sustainable Procurement

By: Markus Gerhard Speidel

New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority

By: J. Alex Ward and Kathy C. Weinberg

Proposed Rule to Amend the Far’s Implementation of the Buy American Act

By: Damien C. Specht and James A. Tucker

Try, Try Again

By: Kathy C. Weinberg