News & Analysis as of

Federal Contractors Service Contracts Federal Acquisition Regulations (FAR)

Davis Wright Tremaine LLP

ASBCA Denies a Service Contractor's Appeal for Additional Labor Costs

The U.S. Armed Services Board of Contract Appeals' recent decision in HD Inc., ASBCA 63794, demonstrates the importance of following the terms of a solicitation when submitting a proposal on federal projects, particularly as...more

Holland & Knight LLP

DOD Secretary Directs Limitation of IT Consulting and Advisory Services Contracts

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The U.S. Department of Defense (DOD) on May 27, 2025, issued a memorandum implementing Executive Order (EO) 14222. As our team previously summarized, EO 14222 implemented the Department of Government Efficiency's (DOGE) "cost...more

PilieroMazza PLLC

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule

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On December 14, 2023, the Department of Labor published a Final Rule implementing Executive Order 14055, Nondisplacement of Qualified Workers Under Service Contracts, effective February 12, 2024. The rule establishes that...more

Bass, Berry & Sims PLC

New Rule Seeks to Streamline DoD Commercial Product and Service Procurements

Bass, Berry & Sims PLC on

On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition...more

Littler

DOL to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

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On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA)....more

Littler

OFCCP to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

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On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA)....more

Wiley Rein LLP

Department of Labor Proposes Rule Implementing EO 14055 Nondisplacement Obligations for SCA-Covered Contracts

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WHAT: The nondisplacement rule’s revival continues as the U.S. Department of Labor (DoL) has published its proposed rule to implement Executive Order (EO) 14055, Nondisplacement of Qualified Workers under Service Contracts....more

PilieroMazza PLLC

DOD Issues Guidance on Effect of Inflation on Government Contractors | PilieroMazza, Law Firm, Government Contracts Attorney

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On May 25, 2022, the Department of Defense (DOD) issued Guidance on Inflation and Economic Price Adjustment (Guidance Memorandum). It was long overdue. Inflation is steadily rising and, as a result, contractors with...more

Seyfarth Shaw LLP

Federal Circuit Holds Termination for Convenience Clause Inoperative in Services Contract

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In a recent decision, the Court of Appeals for the Federal Circuit held that FAR 52.212-4(l), the Termination for Convenience clause used in commercial items contracts, had no effect in a services contract—even though the...more

Bass, Berry & Sims PLC

Did the Federal Circuit Just Eliminate Commercial Services?

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In a decision issued on November 17, JKB Solutions v. United States, the Federal Circuit held that the commercial item termination for convenience provision at FAR 52.212-4(l) incorporated by reference into a contract for...more

Wiley Rein LLP

More EO Activity: Contractor Minimum Wage Implementation and the Return of the Nondisplacement Rule

Wiley Rein LLP on

What: Just before Thanksgiving, the Government took two actions likely to affect many federal service and construction contractors’ pricing and staffing decisions. The Biden Administration issued Executive Order (EO) 14055 to...more

Jackson Lewis P.C.

Federal Service Contractors Should Start Preparing Now for New Biden Executive Order “Nondisplacement of Qualified Workers Under...

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Through a new Executive Order, President Biden has revived and revamped the Obama-era requirement that successor contractors with Service Contract Act contracts hire their predecessor’s employees...more

Faegre Drinker Biddle & Reath LLP

Government Contracts Regulatory and Legislative Update - December 2019

Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary of and insight into the relevant industry developments that occurred during the previous month. Executive Orders - ...more

Stinson - Government Contracting Matters

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

Pillsbury Winthrop Shaw Pittman LLP

President Trump Revokes Obama Executive Order Requiring Right of First Refusal for Service Employees

The President revoked Executive Order (E.O.) 13495, which required successor contractors to offer service employees employed under the predecessor contract a right of first refusal. The revocation immediately terminates...more

Perkins Coie

DOD Proposed Rule Limits the Use of LPTA

Perkins Coie on

The U.S. Department of Defense (DOD) proposed to amend the Defense Federal Acquisition Regulation Supplement (DFARS) on December 4, 2018, to limit the use of lowest price technically acceptable (LPTA) procurements. The...more

Holland & Knight LLP

New Proposed Regulations Limit the Use of LPTA

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The overuse of the Lowest Price Technically Acceptable (LPTA) source selection process (see FAR 15.101-2(a)) has drawn criticism from both industry and government over the last few years. While LPTA offers a streamlined...more

Holland & Knight LLP

The VA Proposes and Issues Wide-Ranging Revisions to Its Regulations

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The U.S. Department of Veterans Affairs (VA) recently issued several proposed rules and a final rule amending the VA Acquisition Regulation (VAAR) as part of a phased approach intended to streamline the VAAR to eliminate...more

Holland & Knight LLP

DoD IG Report: 11 of 14 IT Service Contracts Reviewed Were Not Properly Awarded

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The Department of Defense Office of the Inspector General (DoD IG) recently published a nonstatistical sample of 14 Defense Contract Management Agency (DCMA) IT service contracts, valued at $72 million. The Report presented...more

PilieroMazza PLLC

Weekly Update Newsletter - April 2018

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DEPARTMENT OF LABOR - US Department of Labor reinstates Wage and Hour opinion letters - The U.S. Department of Labor will reinstate the issuance of opinion letters, U.S. Secretary of Labor Alexander Acosta announced on...more

Sheppard Mullin Richter & Hampton LLP

Agencies Publish Strict New Reporting Guidelines for Government Contractors

On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Council published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). Also...more

Bradley Arant Boult Cummings LLP

Offer Expired: The FAR’s 30-Day Offer Expiration Rule Applicable to Commercial Items

The language of FAR 52.212-1(c) states that an “offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to...more

Foley Hoag LLP - Global Business and Human...

Human Trafficking and Government Procurement: New Requirements for U.S. Federal Contractors

On January 29, the U.S. Government released a final rule establishing new anti-human trafficking requirements for U.S. government contractors. The rule amends the Federal Acquisition Regulation (“FAR”) and seeks to strengthen...more

Foley Hoag LLP

Federal Acquisition Regulation: Amendments to Strengthen Prohibitions Against Trafficking

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On January 29, 2015, the U.S. Government released a final rule amending the Federal Acquisition Regulation (“FAR”). The final rule reflects changes to proposed amendments originally released in September 2013. The...more

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