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The Department of Defense Issues Final Rule Establishing CMMC 2.0

Less than 10 months after the issuance of its proposed rule, DoD has issued this final rule establishing the CMMC program. DoD’s issuance of the final rule demonstrates the government’s continued commitment to...more

USAID’s Proposed AIDAR Clause Protects Children from Sexual Exploitation and Abuse

The proposed clause will require USAID contractors to develop new standards, policies, or procedures designed to protect children from sexual exploitation. The Agency for International Development Acquisition Regulation...more

New York District Court Holds Teaming Agreements May Be Enforced

The ruling indicates that selecting New York law may increase the likelihood that the terms of a well-written teaming agreement will be enforced. Government contractors will find the New York Court’s recent denial of a...more

DoD Publishes Final Rule Implementing Executive Order 14005

The rule conforms applicable DFARS clauses to the final FAR rule that was published on March 7, 2022. Contractors must comply with increasing U.S. and qualifying country content thresholds for manufactured end products—65...more

Proposed FAR Clause Prohibits the Use of Compensation History in Hiring and Requires That Federal Contractors and Subcontractors...

If implemented, the proposed rule will have wide-reaching implications for how federal contractors and subcontractors conduct hiring. The proposed rule prohibits contractors and subcontractors from seeking applicants’...more

GAO Highlights Responsibility Exception to “Late Is Late” Rule

Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents. The FAR “late is late” rule requires rejection of untimely filed proposal...more

FAR’s Professional Compensation Clause and Keeping Things Real

Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts. An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more

Section 809 Panel Installment One: Expanding Agency Procurement Discretion, Narrowing Contractors’ Bid Protest Rights Recommended

Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more

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