Podcast - Navigating the TikTok Ban: Implications for Government Contractors
The Benefits of Commercial Item Contracting
Negotiating Subcontracts From Both Sides
September 30. All (most?) federal years end the same way, at least on paper—like a prizefight, with the clock ticking down; an agitated, uncertain crowd; a lot of money on the table; and a ref capable of stopping the match at...more
Our Government Contracts Group discusses what small and large businesses can do to prepare for the potential elimination of federal set-aside and subcontractor preference programs under the Small Business Act (SBA)....more
Federal government contractors are living in a climate of uncertainty. Executive orders affecting government contracts are being issued at a rapid pace. The executive orders tend to be broad and high-level with regulatory...more
To kick off the new year, this bid protest spotlight highlights two U.S. Government Accountability Office decisions involving System for Award Management (SAM) registration requirements when submitting an “offer” and an...more
The FAR Council issued a proposed rule that would amend the several FAR provisions and add new clauses to provide guidance on the safe handling of CUI. Public comments on the proposed rule are being accepted until March 17,...more
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six critical tips to help government contractors identify and avoid conflicts of interest. For contractors...more
On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order states that it ends “all discriminatory and illegal preferences,...more
The Federal Acquisition Regulation (FAR) Council issued its long awaited proposed rule on Controlled Unclassified Information (CUI) on January 15, 2025. The proposed rule establishes a common form to be used by all federal...more
Federal contracts famously include a clause permitting the government to terminate the agreement for the government's own "convenience"—even if the contractor did not default on its performance obligations. Aware of this...more
What happens when a protégé rebels against its mentor? In a recent decision from the Eleventh Circuit, Yorktown Sys. Grp. Inc., v. Threat Tec LLC, the court had to deal with such a question after Threat Tec, the protégé and...more
Concerns regarding the integrity of the U.S. defense industrial base supply chain continue to grow. Similar to national cybersecurity risks, national security risks to the defense supply chain are asymmetric and can arise at...more
The Federal Acquisition Regulation (FAR) Council has proposed two new cybersecurity rules that would impose significant obligations and risks for federal government contractors. The proposed rules impose substantial cyber...more
In this episode of "Regulatory Phishing," government contracts and cybersecurity attorney Eric Crusius is joined by Jeremy Burkhart, an associate in Holland & Knight's Government Contracts Group. Mr. Crusius and Mr. Burkhart...more
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement the No TikTok on Government...more
On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more
Last Friday, the Federal Acquisition Regulatory Council published an interim final rule ("IFR") to ban the use of a ByteDance Covered Application (i.e., TikTok) in government contracting. The IFR is effective June 2, 2023....more
The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more
The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more
As part of the Biden administration’s “Path Out of the Pandemic” plan released yesterday, President Biden issued an executive order adding COVID-19 vaccination requirements affecting nearly all federal contractors. The new...more
On April 30, 2021, a Northern District of Texas judge denied a motion to dismiss an FCA qui tam action alleging “a fraudulent scheme to obtain Government subcontracting opportunities reserved for eligible small businesses...more
On April 27, President Biden issued an executive order requiring federal contractors and covered subcontractors to pay a $15 per hour minimum wage beginning January 30, 2022. The order also requires contractors to incorporate...more
On September 29, 2020, the Department of Defense (“DoD”) issued an Interim Rule to supplement its Cybersecurity Maturity Model Certification (“CMMC”) program with a DoD Assessment Methodology. The new rule amends the Defense...more
For over a year, we have been discussing the Department of Defense’s (DoD) eventual implementation of a Cybersecurity Maturity Model Certification (CMMC) program for Defense contractors, most recently during a webinar in...more
Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors LLC, No. 17-16510, 2019 BL 26363 (9th Cir. Jan. 28, 2019) - Aspic Engineering and Construction Company (“Aspic”), a local Afghan subcontractor, entered into multiple...more