Organizational conflicts of interest (OCIs) continue to be a critical compliance risk in the federal contracting landscape. The Federal Acquisition Regulation (FAR) mandates that contracting officers “avoid, neutralize, or...more
On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more
Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more
The U.S. Supreme Court recently delivered a significant ruling in Stamatios Kousisis, et al. v. United States, affirming that a defendant can be convicted of federal fraud for inducing a transaction through materially false...more
For many businesses, contracting with the U.S. government represents a significant opportunity for stable and often long-term revenue. However, doing business with the federal government comes with unique requirements,...more
In South Carolina, government contracting can be a lucrative opportunity for businesses, but it comes with its share of challenges — one of which is dealing with bid protests. Whether you’re an established contractor or new...more
5/1/2025
/ Administrative Procedure Act ,
Appeals ,
Automatic Stay ,
Bid Protests ,
Contract Terms ,
Contractors ,
Filing Deadlines ,
Government Agencies ,
Procurement Guidelines ,
Small Business ,
State and Local Government ,
Subcontractors
The Trump administration, as part of its efforts to reshape the federal government, began terminating federal contracts for the convenience of the government almost immediately after coming back to town. These contract...more
We recently blogged about New Jersey’s bid protest requirements for procurements solicited under the New Jersey Division of Purchase and Property (DPP) here. As we noted, public procurements by local governmental authorities...more
1/23/2025
/ Appeals ,
Bid Protests ,
Construction Contracts ,
Federal Contractors ,
Government Agencies ,
Procurement Guidelines ,
Public Contracts ,
Public Procurement Policies ,
Regulatory Requirements ,
State and Local Government ,
Statutory Requirements ,
Subcontractors
The Department of Justice (DOJ) recently announced that it obtained more than $2.9 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending Sept. 30, 2024.
DOJ reports that matters that...more
The Civilian Board of Contract Appeals (CBCA) recently published its annual report, providing key statistics on cases filed at and adjudicated by the CBCA in Fiscal Year (FY) 2024. Of note, the CBCA found in favor of the...more
In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...more
On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more
6/16/2023
/ Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Legislative Agendas ,
Mobile Apps ,
Mobile Devices ,
National Security ,
New Legislation ,
New Rules ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Subcontractors ,
Subcontracts ,
TikTok
The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This...more
2/16/2023
/ Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Proposed Rules ,
SBA ,
Small Business ,
Subcontractors
The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime...more
More than seven months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the...more
A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more
12/8/2021
/ Appeals ,
Bonds ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes Act ,
Contractors ,
Miller Act ,
Stays ,
Subcontractors ,
Subcontracts
As promised, on September 24, 2021, the Safer Federal Workforce Task Force issued Guidance for Federal Contractors and Subcontractors about the implementation of President Biden’s Executive Order 14042, which imposed a...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
New Guidance ,
Remote Working ,
Solicitation ,
Subcontractors ,
Vaccinations ,
Workplace Safety
In 2016, the Small Business Administration (SBA) updated its regulations pertaining to limitations on subcontracting. Five years later, on August 11, 2021, the Federal Acquisition Regulation (FAR) Council finally followed...more
8/12/2021
/ Deadlines ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Register ,
Final Rules ,
Good Faith ,
HUBZone ,
NAICS ,
SBA ,
Small Business ,
Subcontractors
President Biden recently signed an executive order (EO) that will increase the minimum wage rate to be paid to workers performing work on or in connection with a federal contract from $10.95 per hour to $15.00 per hour...more
Fans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day,...more
9/14/2020
/ Bid Protests ,
COFC ,
Corporate Counsel ,
Federal Contractors ,
GAO ,
Licensing Rules ,
Motion To Intervene ,
State and Local Government ,
State Licenses ,
Subcontractors ,
Vendors
The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor...more
With the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before government contractors experience contract-performance delays — whether ordered by the government or not — that inevitably...more
3/13/2020
/ Contract Terms ,
Coronavirus/COVID-19 ,
Delays ,
Emergency Management Plans ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Performance Standards ,
Quarantine ,
State of Emergency ,
Subcontractors ,
Suspensions ,
Work Suspensions
For over a year now, federal defense contractors have been required to comply with Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident...more
2/1/2019
/ Contractor Audits ,
Cyber Incident Reporting ,
Cybersecurity ,
DCMA ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Flow Down Clause ,
NIST ,
Popular ,
Subcontractors
New changes to the Federal Acquisition Regulation impose mandatory reporting requirements on federal prime contractors who fail to make full and timely payments to their small business subcontractors. Although little more...more
Recently, in Carnell Constr. Corp. v. Danville Redevelopment & Housing Auth., the federal appellate court covering West Virginia, Virginia and the Carolinas upheld a trial court’s determination that a Virginia statute places...more