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CMMC and DFARS 252.204-7021—Is the Sequel Better than the Original?

Sequels are rarely better than the films that precede them, and yet, sometimes a story is just too compelling to be limited to just one film. At the tail end of a summer full of Hollywood sequels, the Department of Defense...more

Back to School: Time to Study the OMB Final Rule Implementing BABA

Just in time for the season of new backpacks, lunch boxes, and school supplies, the Office of Management and Budget (OMB) has assigned some homework to contractors looking to participate in Federal financial assistance...more

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited Applications

On June 2, 2023, the FAR Council issued an Interim Rule to implement the prohibition on having or using TikTok or any successor application or service developed or provided by ByteDance Limited (covered application)....more

(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure...

Approximately 15 months ago, on November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), commonly known as the Bipartisan Infrastructure Law. The IIJA is one of the Biden...more

An Inconvenient Requirement: New Proposed Rule Would Require Federal Contactors to Disclose Greenhouse Gas Emissions

In 2006, the documentary An Inconvenient Truth chronicled former Vice President Al Gore’s efforts to educate the public on the consequences of climate change. In the sixteen years since the Academy Award-winning film was...more

Catching Waves: OMB Issues New Implementation Guidance For Biden Administration Buy American Executive Order

After 15 months of quarantines, restrictions, and mandatory home schooling, summer 2021 is luring with escape and excitement across the country. We all hope for beach days and reunions with loved ones as we (hopefully)...more

Raising The Wage: Biden-Harris Administration Dramatically Increases Minimum Wage For Federal Government Contractors

In the months since President Biden took office, legislators have tried—and thus far failed—to pass legislation raising the federal minimum wage to $15 per hour. While the debate rages on, the Biden-Harris administration has...more

The Beginning Of The Biden Administration – What Federal Contractors Need To Know

A new administration has moved into the White House, and, as anticipated, President Biden wasted no time in issuing, in the first few days of his presidency, a raft of Executive Orders (EOs) that appear calculated to set the...more

2020 False Claims Act Recoveries Were Down By One-Third In 2020. . . And That’s Bad News For Federal Contractors

On January 14, 2021, the Department of Justice released its updated statistics for False Claims Act (FCA) recoveries in FY 2020. The Civil Division reported that it recovered $2.2 billion in settlements and judgments in the...more

Risks, Reefs, and Wrecks: Charting A Course Through The Perils Of Covered Telecommunications Equipment And Services

Like the sailors of old, the government contracting community ventures forth knowing full well that danger lies ahead – although fortunately not in the form of a kraken, leviathan, or other mythical sea monster. Rather,...more

Proposed Rule Introduces Critical Changes For SBA Contractors

Although many of us have canceled vacations during this (unusual) year, summer is nevertheless upon us. While we wholeheartedly recommend firing up the grill and enjoying the sunshine in the coming months, companies planning...more

The Evolution Of Contract Financing: Resurrecting Performance-Based Payments Under Fixed-Price Contracts

Contracting with the Department of Defense (DoD) can provide healthy opportunities for businesses of all sizes. That said, it is no secret that contractors without the cash resources to finance their performance while...more

Commerciality In The Time Of Coronavirus—DCMA Issues New Class Commercial Item Determination And Guidance

On March 31, 2020, the Office of the Under Secretary of Defense for Acquisition and Sustainment issued a memorandum attaching a class Commercial Item Determination (CID) promulgated by the Defense Contract Management Agency...more

COVID-19 Update: Department Of Defense Issues Class Deviation, Increasing Certain Progress Payment Ceilings

As most government contractors are aware, progress payments are a form of contract financing in which the Government pays the contractor based on cost throughout performance of the contract, up to a cap dictated by the terms...more

iEdison’s 2020 New Year’s Resolution – Improvement! Time To Submit Your Comments

The Interagency Edison (“iEdison”) system is the principal mechanism for preserving rights to title in Government-funded inventions. Its use is now mandatory per 37 CFR 401.16, and we expect FAR 52.227-11, Patent Rights –...more

Buy (More) American: The Trump Administration Finally Ups The Ante On Domestic Origin Requirements (With The Final Impact Still...

The Trump administration’s focus on enhancing “Buy American” requirements in federal procurement took a leap forward on July 15, 2019, with the issuance of an Executive Order (EO) on Maximizing Use of American-Made Goods,...more

The FAR Council And The Hare – The Race To Credit For Lower-Tier Small Business Subcontracting

Changes to the Federal Acquisition Regulation’s (FAR) small business subcontracting rules have been slow in coming, but the FAR Council is finally catching up with the Small Business Administration (SBA) in making regulatory...more

Let Me Clear My Throat: DCAA Course Corrects on “Expressly Unallowable” Costs

Cough…cough…ahem…cough… Any contractor who has had the misfortune of dealing with the Defense Contract Audit Agency (DCAA) likely knows all too well that the agency is the Will Rogers of costs – it never met a cost it didn’t...more

Small Business, Big Problems: Navigating The Government Shutdown As A Small Business Contractor

By now, we have all read the horror stories of federal employees who are either furloughed or forced to work without pay during this historic shutdown. Less well-known, however, is the impact this shutdown has had on small...more

The Protest Of Impact Resources, Inc.: A Study In Communication, Untimeliness And “Abandoned Arguments”

Texts, tweets, statuses, emojis… In our digital society, communication is now easier – and more dangerous – than ever. While instant, unfettered communication may be desirable if you want everyone to stop what they are doing...more

7/12/2018  /  Bid Protests , Federal Contractors , GAO

Contractors And Grantees Beware! Safe Harbors Removed In Preserving Patent Ownership Rights Under Bayh-Dole

Buried in a grab bag of seemingly innocuous course-correcting changes to the Bayh-Dole Act regulations (effective May 14 of this year) is the removal by regulators of the sixty-day window between the federal agency’s notice...more

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