In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent...more
A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...more
WHAT: On July 30, 2024, the National Telecommunications and Information Administration (NTIA) issued guidance on demonstrating compliance with the “Build America, Buy America” (BABA) domestic content requirements in...more
WHAT: The Office of Management and Budget (OMB) recently issued an update to its initial guidance on implementing the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. This is the third set of...more
WHAT: A new interim rule prohibits contractors from delivering or using covered articles and sources that are subject to exclusion or removal orders issued under the Federal Acquisition Supply Chain Security Act of 2018...more
WHAT: The Office of Management and Budget (OMB) issued long-awaited final guidance on the implementation of the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. As we’ve highlighted in prior...more
WHAT: The period for submitting comments on the Federal Highway Administration’s (FHWA) review of its longstanding waiver of Buy America requirements for “manufactured products,” which was originally set to close on April 17,...more
WHAT: Following the State of the Union, in which President Biden reiterated the Administration’s focus on made-in-America infrastructure, the Office of Management and Budget (OMB) issued proposed guidance aimed at...more
We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...more
WHAT: The Department of Defense (DoD) issued an interim rule requiring certain Defense contractors and subcontractors to disclose the use of workers and facilities in People’s Republic of China (PRC)....more
WHAT: Sen. Elizabeth Warren (D-MA) and Rep. John Garamendi (D-CA) introduced the “Stop Price Gouging the Military Act” as S. 4374 and H.R. 8007, respectively, to prevent perceived price gouging by U.S. Department of Defense...more
Despite the deep partisan divides that exist in Washington, there is one issue that both parties seem to agree on: strengthening “Buy American” preferences when using government funds. ...more
WHAT: The U.S. Department of Defense (DoD) issued a final rule implementing the requirement for enhanced debriefings established in Section 818 of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 and since...more
WHAT: As previewed in our prior alert, the Federal Acquisition Regulatory (FAR) Council on March 7, 2022 issued a final rule aimed at strengthening Buy American rules applicable to federal procurement. The final rule, which...more
The Government Accountability Office (GAO) recently issued two decisions sustaining challenges to solicitation restrictions on mentor-protégé joint ventures. Both were matters of first impression for GAO, in which GAO...more
In this episode, John Prairie and Cara Lasley discuss what you need to know about post-award debriefings. Following the end of the fiscal year, companies will likely see an uptick in post-award debriefings. John and Cara...more
WHAT: Consistent with President Biden’s Executive Order (EO) related to strengthening “Made In America Laws,” the Federal Acquisition Regulatory (FAR) Council issued a proposed rule that would once again alter existing Buy...more
Judges from the United States Court of Federal Claims again have graciously agreed to participate in our annual “Ask the Judges” panel. The judges will provide their perspectives on bid protest practice before the Court,...more
What: Three days into the new administration, President Biden has issued an additional Executive Order (EO or Order) impacting government contractors, U.S. manufacturers, and grantees and other recipients of federal financial...more
WHAT: The Federal Acquisition Regulation (FAR) Council issued a final rule on January 19, 2021 that makes significant changes to long-standing rules under the Buy American Act. As we previously discussed, in July 2019,...more
When the Biden Administration begins, the government contracting community may be wondering whether the change in administration and party in the White House will lead to significant changes to federal procurement. Although...more
11/17/2020
/ Biden Administration ,
Biomedical Advanced Research and Development Authority (BARDA) ,
Buy American Act ,
CFIUS ,
Federal Contractors ,
Federal Procurement Systems ,
Infrastructure ,
Joe Biden ,
National Security ,
NDAA ,
Small Business ,
Supply Chain
WHAT: Congress voted to extend Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which authorizes (but does not require) agencies to reimburse contractors for the cost of paid leave incurred...more