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Possible Relief from New Tariffs — and Risks to Avoid

Tariffs have been in the news almost daily. Not only have tariff rates changed repeatedly, but the deadlines around implementation are subject to change. Meanwhile, the list of new commodities that are subject to additional...more

Mandatory COVID-19 Vaccination Rule for Government Contractors Continues to Develop

We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more

Challenging an Agency’s Determination of Urgent and Compelling Need Can be an Uphill Battle

Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available...more

Another (Minor) Step in the Evolution of Section 889(a)(1)(B) Obligations

In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. We previously reported on the Federal...more

DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation

Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of...more

Federal Contractors’ Compliance Responsibilities Just Got Easier, or Did They?

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more

Federal Contractors' Compliance Responsibilities Just Got Easier, or Did They?

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more

DoD Issues Class Deviation and Guidance to Implement CARES Act Relief for DoD Contractors under Section 3610

Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or...more

In Case You Missed It: New Website Provides Acquisition-Related Coronavirus Information

If you’re looking for a single place to find information concerning the federal government’s response to the coronavirus that impacts contractors, the General Services Administration (GSA) recently uploaded a webpage on the...more

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more

Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits

Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government...more

Short Take: Proposed Rule Raises Certified Cost or Pricing Threshold to Implement Section 811 of FY18 NDAA

On October 2, 2019, DoD, GSA and NASA issued a proposed rule amending the FAR to implement Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. The amendment increases the threshold for...more

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