Government Contracts Insights

November 21, 2024 - Federal Procurement
New DFARS Regulation on Small Business Affiliate Past Performance
By: Damien C. Specht and James A. Tucker
Nearly a year ago, the National Defense Authorization Act for Fiscal Year 2024 directed the Department of Defense (DOD) to amend the Defense Federal Acquisition Regulation Supplement (DFARS) no later than July 1, 2024, “to require that when small business concerns bid on Department
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October 08, 2024 - Federal Procurement
DoD Dusts Off Other Transactions (OT) Regulations
By: Tina D. Reynolds and Locke Bell
On September 4, 2024, the U.S. Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on production OTs. The changes would bring the regulations up to date with the
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August 29, 2024 - Federal Procurement
DoD Aligns with FAR on Sustainable Procurement
By: J. Alex Ward and Markus Gerhard Speidel
The U.S. Department of Defense (DoD) issued a final rule bringing the Defense Federal Acquisition Regulation Supplement (DFARS) into alignment with changes to the Federal Acquisition Regulation (FAR) that reorganized Part 23 on Sustainable Procurement. The rule, issued on August 15, 2024, became effective immediately.
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July 15, 2024 - Federal Procurement
Procurement Integrity Act
By: Sandeep N. Nandivada
The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits knowingly disclosing, or knowingly obtaining, source selection information or contractor bid or proposal
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January 03, 2024 - Federal Procurement, National Security, Small Business
Notable Provisions of the FY 2024 National Defense Authorization Act
By: Tina D. Reynolds
On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes appropriations and sets policy for the Department of Defense (“DoD”) and
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October 06, 2023 - Cybersecurity & Data Privacy, Federal Procurement
The FAR Council’s Proposed Cybersecurity Overhaul: Lots of Questions, but Only Some Answers
By: Tina D. Reynolds and Sandeep N. Nandivada
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
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August 22, 2023 - Federal Procurement, Schedule Contracting
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
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August 10, 2023 - Federal Procurement
Proposed Sustainable Procurement Rule Would Streamline Existing Environmental Regulations and Clarify FAR Part 23
By: Markus Gerhard Speidel
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
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August 04, 2023 - Intellectual Property, Federal Procurement
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
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July 24, 2023 - Federal Procurement
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
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Topic Archives: Federal Procurement

New DFARS Regulation on Small Business Affiliate Past Performance

By: Damien C. Specht and James A. Tucker

DoD Dusts Off Other Transactions (OT) Regulations

By: Tina D. Reynolds and Locke Bell

DoD Aligns with FAR on Sustainable Procurement

By: J. Alex Ward and Markus Gerhard Speidel

Procurement Integrity Act

By: Sandeep N. Nandivada

Notable Provisions of the FY 2024 National Defense Authorization Act

By: Tina D. Reynolds

The FAR Council’s Proposed Cybersecurity Overhaul: Lots of Questions, but Only Some Answers

By: Tina D. Reynolds and Sandeep N. Nandivada

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

Proposed Sustainable Procurement Rule Would Streamline Existing Environmental Regulations and Clarify FAR Part 23

By: Markus Gerhard Speidel

Biden Executive Order Has Potential to Discourage U.S. Company Participation in Federal Research

By: Tina D. Reynolds

DoD Issues Updated Other Transactions (OT) Guide

By: Locke Bell