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New Year, (Potentially) New Definition for “Subcontract”

In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more

It’s the Most Wonderful Time for New DOD Flow Down Policies: Flowing Down Too Many Clauses Will Get Prime Contractors More Than a...

On November 17, 2023, the Department of Defense (“DOD”) published a Final Rule – over five years in the making – addressing DOD policies regarding the applicability of laws to commercial products, commercial services, and...more

EO 14042 Update 17.0 – Preview of Updated OMB Guidance

In an “update” that reads more like a teaser to a B Movie, the OMB on Friday advised that it will have more guidance on EO 14042 for us soon. What precipitated this official warning that more guidance would be forthcoming?...more

Executive Order 14042 – Update 15.0: U.S. District Court “Clarifies” Its Injunction Applies Only to the Vaccine Mandate

Just when you didn’t think things could get any weirder, on Friday, January 21, 2022, the U.S. District Court for the Southern District of Georgia issued a ruling clarifying its prior EO 14042 injunction (currently on appeal...more

Executive Order 14042: Survival Guide for Federal Contractors - (An Analysis of What We Know, What We Think, and What We Don’t...

On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors and subcontractors. While the EO did not outline specific rules, it did direct a Federal...more

COVID-19 Federal Contractor’s Survival Guide 2.0

Last week, we (Ryan and Jonathan) published the COVID-19 Federal Contractor’s Survival Guide in the Coalition For Government Procurement’s Friday Flash. The Guide was very well received – perhaps because it didn’t once...more

What Does it Mean to Manufacture? Federal Circuit’s Acetris Decision Fundamentally Alters Trade Agreements Act Compliance

On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020). In Acetris, the Federal Circuit was asked to...more

A Few Thoughts on DOJ’s Procurement Collusion Strike Force

This month, and with great fanfare, the U.S. Department of Justice (DOJ) announced its creation of a Procurement Collusion Strike Force. We know what you’re thinking, and no – this Strike Force will not be starring in the...more

House Armed Services Committee Takes Aim at GSA with Proposed Legislation

On May 18, 2017, House Armed Services Committee Chairman Mac Thornberry introduced H.R. 2511, titled “The Defense Acquisition Streamlining and Transparency Act.” The bill drastically would change how commercial off-the-shelf...more

The Changing Landscape for Services Contractors

Two recent developments have the potential to change the landscape for contractors providing services to the Government. Government contractors and subcontractors are required to comply with a host of regulations governing...more

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