Government Contracts & Investigations

OCTOBER 11, 2023

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. The September 2023 Cost Corner concluded a three-part series on TINA. which applies to contracts with commercial organizations.

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Inside Government Contracts

OCTOBER 26, 2023

On October 5, 2023, the Federal Acquisition Regulatory Council (FAR Council) issued an interim Federal Acquisition Regulation rule (FAR rule) that implements the Federal Acquisition Supply Chain Security Act (FASCSA). Additional information about the rule and its relationship to existing FASCSA regulations is outlined below.

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SmallGovCon

NOVEMBER 17, 2023

million for construction contracts). While the specific goal will vary with each contract (or in some cases may be on a company-wide basis), it is rare for a contracting officer to find a large business hasn’t met the given goal. Looking for the latest government contracting legal news?

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Government Contracts Legal Forum

JANUARY 16, 2024

Subject to limited exceptions, GAO’s bid protest jurisdiction over Department of Defense (DoD) awards of task orders under multiple-award contracts is limited to those “valued in excess” of $25 million. 21, 2023, highlights the complexities that can arise in calculating a task order’s value. B 421989, B 421989.2,

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Government Contracts & Investigations

FEBRUARY 29, 2024

9] Costs of compensation established under covered labor-management agreements are deemed reasonable unless the costs are “unwarranted” by the character and circumstances of the work or “discriminatory” against the Government. [10] Manos, Government Contract Cost & Pricing § 13:3 (2023). [24] DCAA, DCAM ¶ 6-413.1.c.

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Federal News Network

JANUARY 12, 2024

All small businesses deserve the right to compete for government contracts, and we must ensure the fine print in these large deals allows them to do so. billion spent in fiscal 2023,” the spokesperson said. Currently, under SEWP V, 106 small businesses collectively received approximately $9.7 billion of the total $12.2

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Government Contracts & Investigations

OCTOBER 11, 2023

On October 5, 2023, the FAR Council released an Interim Rule on “ Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders.” The new FAR clauses are required to be included in all solicitations and contracts, regardless of the dollar size of the contract, the type of contract, or the type of offeror.

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Government Contracts Legal Forum

MAY 9, 2024

Both prohibitions will apply to all procurements, including commercially available off-the-shelf (COTS) items, and purchases below the micro-purchase threshold: Section 5949(a)(1)(A) ( Part A ) prohibits agencies from acquiring electronic products or services that include covered semiconductor products or services. View the full article

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Government Contracts & Investigations

FEBRUARY 29, 2024

This decision reminds protesters that if the task order award amount is below the jurisdictional threshold, even if the evaluated price is above the threshold, the GAO will likely dismiss the protest, absent very unusual circumstances. 29, 2023. [4] 25, 2023. [5] 21, 2023. B-422171, Jan. 22, 2024. [2]

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The Coalition for Government Procurement

JANUARY 18, 2024

After nearly a year since the release of the amended version of the first draft request for proposal (RFP), on December 8 th , 2023, the General Services Agency (GSA) released the second draft RFP for the “Best-In-Class” (BIC) Governmentwide Acquisition Contract (GWAC). On February 1, 2023, the protester submitted its quote.

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Government Contracts Legal Forum

OCTOBER 12, 2023

The new FAR clauses implementing these changes will apply to all contracts, including contracts below the simplified acquisition threshold (SAT), contracts or orders for commercial products or services (including commercial off-the-shelf (COTS) items), and orders under indefinite delivery, indefinite quantity contracting vehicles.

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Federal Construction Contracting

JANUARY 16, 2024

On December 26, 2023, the U.S. The proposed rule applies to defense contractors and subcontractors that will process, store, or transmit FCI or CUI and is expected to be made a part of every DoD solicitation with a value above the micro-purchase threshold (currently, $10,000).

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Government Contracts & Investigations

SEPTEMBER 18, 2023

On August 23, 2023, the White House’s Office of Management and Budget (“OMB”) issued its notification of final guidance implementing Title IX of the Infrastructure Investment and Jobs Act (“IIJA”) – the Build America, Buy America (“BABA”) Act. The same process will not apply to BABA. Kits” are to be treated as one Manufactured Product.

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The Coalition for Government Procurement

SEPTEMBER 12, 2024

26, 2023, and the U.S. The second set of rules, which are the subject of this blog, are issued under Title 48 and will be placed in DOD contracts and refer back to the Title 32 rules. The only exceptions are for contracts solely for the purchase of Commercial Off-the-Shelf items or contracts under the $10,000 micro-purchase threshold.

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The Coalition for Government Procurement

FEBRUARY 1, 2024

Within this timeframe, the FAR Council would also be required to issue regulations creating standard solicitation provisions and contract clauses applicable to artificial intelligence acquisitions. Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold.

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The Coalition for Government Procurement

APRIL 4, 2024

The CBCA held the EULA between Avue and the Federal Government was not a “procurement contract” because the EULA did not obligate Avue to furnish any services, or obligate the Federal Government to pay Avue for any services furnished. This would be a big win for software companies that sell indirectly to the Government.

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The Coalition for Government Procurement

AUGUST 29, 2024

26, 2023, and the U.S. The second set of rules, which are the subject of this blog, are issued under Title 48 and will be placed in DOD contracts and refer back to the Title 32 rules. The only exceptions are for contracts solely for the purchase of Commercial Off-the-Shelf items or contracts under the $10,000 micro-purchase threshold.

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The Coalition for Government Procurement

SEPTEMBER 5, 2024

DFARS clause 252.204-7021, Contractor Compliance with the CMMC Requirements , will be used in solicitations and contracts that require contractors to have a specific CMMC level, including those using FAR Part 12 for commercial products and commercial services, with the exception of COTS items. 26, 2023, and the U.S. The CMMC 2.0

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The Coalition for Government Procurement

JANUARY 11, 2024

The comments herein do not necessarily reflect the views of The Coalition for Government Procurement. Comments on the proposed rule will be accepted until February 26, 2023. How We Got Here DoD has focused on regulating the cyber requirements of contracts over the last decade, culminating in this proposed rule. Wolff, Michael G.

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Government Contracts & Global Trade

AUGUST 20, 2024

Other courts don’t, and unlike negligence where the manufacturer or seller may be exculpated if it did not intend and could not reasonably foresee a use that caused harm, the threshold instead is what the end user or consumer reasonably expected. 6, 2023) (link: [link] ). 1] See, e.g., Blouin, L. “AI’s See, Roose, K., “A.I.’s

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Government Contracts Legal Forum

DECEMBER 27, 2023

On December 26, 2023, the Department of Defense (DoD) released the highly anticipated proposed rule for the Cybersecurity Maturity Model Certification Program (CMMC), a cybersecurity regulatory program that will likely impact most of the government contractor community. View the full article

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The Coalition for Government Procurement

FEBRUARY 8, 2024

Within this timeframe, the FAR Council would also be required to issue regulations creating standard solicitation provisions and contract clauses applicable to artificial intelligence acquisitions. Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold.

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Government Contracts Legal Forum

JANUARY 5, 2024

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 , signed into law on December 22, 2023, makes numerous changes to acquisition policy. Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here. DODIG–2023–041).

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Government Contracts Legal Forum

SEPTEMBER 29, 2023

million federal employees who will be directly impacted in some way by a federal government shutdown with the majority facing a furlough of an undetermined length. federal government contracts signed every year and they may be impacted by a shutdown. Finally, the federal government spends approximately $1.2

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Inside Government Contracts

OCTOBER 26, 2023

On October 17, 2023, the U.S. Government Accountability Office (“GAO”) published a report on mergers and acquisitions (“M&A”) in the defense industrial base. The report details the current M&A review process of the Department of Defense (“DOD”) and provides recommendations to proactively assess M&A competition risks.

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Inside Government Contracts

MARCH 12, 2024

FHWA sought comments on its longstanding manufactured products waiver in March 2023 and received over 9,400 comments from the public. FHWA proposes that the domestic iron and steel in those manufactured products would count towards the 55% domestic component threshold.

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The Coalition for Government Procurement

APRIL 11, 2024

The CBCA held the EULA between Avue and the Federal Government was not a “procurement contract” because the EULA did not obligate Avue to furnish any services, or obligate the Federal Government to pay Avue for any services furnished. 2] In a recent size protest, quotes were submitted on August 31, 2023.

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The Coalition for Government Procurement

APRIL 25, 2024

The final rule saw several changes from its proposed form, including two particularly relevant to the concerns that Coalition members expressed in our comments : The rule specifies that the October 2023 Recommendations on Specifications, Standards and Ecolabels from the EPA control what is considered a sustainable product or service.

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Government Contracts Legal Forum

AUGUST 29, 2024

The 2023 GAO decision in Washington Business Dynamics, LLC , B-421953, B-421953.2 (Dec. 18, 2023), in which GAO extended the FSS exception to apply to size recertifications for orders placed under other MACs. 745 (2023). SBA’s Proposed Change to Size Protest Triggers in 13 C.F.R. 121.103(h)(3)). United States , 165 Fed.

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Procurement Notes

OCTOBER 10, 2022

Jay Blindauer A contractor takes on a Government contract to make money, and inflation is getting in the way. Inflation is generally down from 2021, but is still high in too many places, and is expected to persist in 2023. With inflation eroding value for this long, a Government contractor may need to obtain contract relief.

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The Coalition for Government Procurement

JANUARY 4, 2024

We strongly encourage you to review these various issues and provide us with your feedback as we shape our responses to submit to the government on behalf of our members. The NDAA was signed into law on December 22, 2023. To register, click here. The event will be held virtually on January 30, from 10:00 – 11:30 AM (ET).

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The Coalition for Government Procurement

SEPTEMBER 19, 2024

GSA Identifying Next Steps for Coworking Pilot Program Federal News Network reports that the General Services Administration (GSA) coworking pilot program is showing promising results since it was launched in July 2023, but needs more data before moving forward. 26, 2023, and the U.S. The CMMC 2.0 These were initially proposed on Dec.

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Procurement Notes

MARCH 16, 2023

1] The latest CPI-U numbers, which BLS published in its March 14, 2023 summary, stated that “[o]ver the last 12 months, the all items index increased 6.0 5] CPI-U Month Increase/Decrease Over Previous 12 Months February 2023 +6.0% January 2023 +6.4% 5] CPI-U Month Increase/Decrease Over Previous 12 Months February 2023 +6.0%

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The Coalition for Government Procurement

AUGUST 15, 2024

The solicitation, issued pursuant to the Army’s OT authority under 10 U.S.C. §§ 4021 and 4022, contemplated award of a follow-on production contract to one of the two vendors that submitted successful protypes. On September 20, 2023, the Army awarded the follow-on production contract to Taylor Defense Products, LLC.

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The Coalition for Government Procurement

OCTOBER 19, 2023

Learn more here Lawmaker to Introduce “Light Touch” AI Regulation Bill Senate Minority Whip John Thune (R-SD) is actively working to introduce The AI Research, Innovation and Accountability Act of 2023, first reported on in July. Most DoD assessments were found to take place above a threshold of $111.4 VSBC-292-P (2023). [6]

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The Coalition for Government Procurement

NOVEMBER 30, 2023

The comment period for both rules is currently open and is scheduled to close on December 4, 2023. Cyber Threat and Incident Reporting and Information Sharing (FAR Case 2021-017) This proposed rule is meant to apply to contracts where information and communications technology (ICT) is used or provided in the performance of the contract.

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Inside Government Contracts

OCTOBER 10, 2023

On October 3, 2023, the Federal Acquisition Regulation (FAR) Council released two new proposed cybersecurity rules. The first blog summarized the Cyber EO’s key provisions and timelines, and subsequent blogs described the actions taken by various government agencies to implement the Cyber EO from June 2021 through September 2023.

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