Procurement Notes

OCTOBER 10, 2022

18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.

Government 40

Government Government Price Contract 40

Procurement Notes

MARCH 5, 2024

To be at the 100-employee threshold, the employer must be a “business enterprise that employs— (i) 100 or more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.” [57] Idle Capacity).

Government Contracts 52

Government Contracts Government Government Contract 52

Procurement Notes

SEPTEMBER 15, 2021

Tanvir , the Supreme Court made clear that, under RFRA, a government official can be sued in his/her individual capacity. [48] 486, 493 (2020) (“We conclude that RFRA’s express remedies provision permits litigants, when appropriate, to obtain money damages against federal officials in their individual capacities.”). [49]

E-procurement 40

E-procurement Government Government Contract 40

Procurement Notes

OCTOBER 13, 2021

Jay: The Sovereign Acts Doctrine (“SAD”) protects the Government from liability when the Government creates a new law and is merely acting in its capacity as a lawmaker or regulator (acting as “the Sovereign”), as opposed to the Government acting in its role as a contracting party, in which case the Government could be found liable.

E-procurement 40

E-procurement Procurement Contract Government 40