The FAR Council’s Proposed Cybersecurity Overhaul: Lots of Questions, but Only Some Answers
- In what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)—issued two proposed rules on October 2, 2023. If implemented, the... ›
GSA Issues Multiple Award Schedule Solicitation Refresh 16: What It Means for Joint Ventures, Good and Bad
By: Alissandra Young McCann, James A. Tucker and Damien C. Specht
On May 19, 2023, the General Services Administration (GSA) issued Multiple Award Schedule (MAS) solicitation refresh 16, which introduced a formal offer process for joint ventures. To provide guidance on navigating those changes, GSA also issued a list of Frequently Asked Questions (FAQ) for joint... ›Proposed Sustainable Procurement Rule Would Streamline Existing Environmental Regulations and Clarify FAR Part 23
By: Markus Gerhard Speidel and Michaela E. Thornton
The Federal Acquisition Regulation (FAR) Council published on August 3, 2023, a proposed “Sustainable Procurement” rule that reorganizes FAR Part 23 for clarity, moves subparts unrelated to sustainability or material safety to FAR Part 26, and includes a proposed “Sustainable Products and Services” contract... ›Biden Executive Order Has Potential to Discourage U.S. Company Participation in Federal Research
By: Tina D. Reynolds
A new Biden administration Executive Order proposes to enforce more rigorously U.S. manufacturing requirements attendant to federally funded inventions. While the aim of the Executive Order is to support domestic manufacturing and jobs, the policy could have the unintended effect of discouraging U.S. company... ›DoD Issues Updated Other Transactions (OT) Guide
By: Locke Bell
The Department of Defense updated its guidance on “other transaction” agreements, or “OTs,”[1] an increasingly popular contracting authority not subject to the FAR or most procurement laws that accounted for more than $37 billion in defense spending from 2019 through 2021.[2] Although the new... ›The Debt Ceiling and Its Potential Implications for Government Contractors
By: Kevin P. Mullen and Markus Gerhard Speidel
Contractors face potential payment uncertainty as a result of the current congressional inability to agree to increase the federal government’s debt ceiling. The government reached the official debt limit months ago, on January 19, 2023. Yet by all appearances it continues to operate “as normal.”... ›Challenging Unilateral Definitizations of Undefinitized Contract Actions: What Is a Claim?
By: James A. Tucker
Forty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s administrative dispute process is complete, a contractor is... ›Back to the Drawing Board: Far Councils Withdraw Long-delayed Proposed Rule for Lower-tier Small Business Subcontracting Credit
By: James A. Tucker, Damien C. Specht and Alissandra Young McCann
Some of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive credit towards its subcontracting plan goals for awards... ›UK Procurement Bill: Pursuing Simple and Accountable Procurement
By: Alistair Maughan
The UK is pressing ahead with a reform to its government procurement laws that will diverge from the harmonized EU procurement regime that applied in the UK pre-Brexit. The proposals are intended to create a more transparent approach. Whether a different but simplified process... ›SAM.gov Is Changing – Make Sure You’re Keeping Up
By: Damien C. Specht and Locke Bell
The System for Award Management website (SAM.gov) recently changed its registration and update process, and the feedback we’ve heard from clients is that it is slow – even for entities that are simply renewing an existing registration. As SAM delays can cause payment delays, the... ›