SmallGovCon

MARCH 28, 2024

In a nutshell, whatever this “similarly situated entity” is can actually help the prime contractor reach its 50% subcontracting limitation on a services contract. Looking for the latest government contracting legal news? under FAR 2.101 ), there are limitations on how much the prime can subcontract out to whom.

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Thresholds Contract Utilities Government Contracts 83

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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Federal News Network

JUNE 26, 2024

The government filed a motion to dismiss and the court actually dismissed because of what’s called the task order protest ban, which says that protests that are in connection with the issuance or proposed issuance of an order under an IDIQ contract can’t be protested to the Court of Federal Claims.

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Bidding Contract Bidder Government 98

The Coalition for Government Procurement

APRIL 25, 2024

CISA discusses its process for determining key definitions in the rule (including approaches it considered and ultimately discarded); provides an overview of current cyber incident reporting requirements in the U.S. (as Entities that meet certain threshold criteria – regardless of size – are covered by the rule.

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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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Government Contracts & Investigations

FEBRUARY 29, 2024

This decision demonstrates that there must be definitive adverse agency action before the GAO will hear a protest; typically, the agency must fully eliminate an offeror from competing in the next round of the procurement, or the agency must make an award.

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Bidding Evaluation Sustainability E-procurement 52

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] see also Daniel Liberto, et al.,

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Government Contracts Government Government Contract 52

Government Contracts & Investigations

FEBRUARY 29, 2024

Definition of Compensation The FAR defines compensation for personal services to mean “all remuneration paid currently or accrued, in whatever form and whether paid immediately or deferred, for services rendered by employees to the contractor.” [1] 1] This definition is quite broad. DCAA, DCAM ¶ 6-413.1.c. 10] FAR 31.205-6(b)(1). [11]

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Price Government Contracts Government Government 52

Inside Government Contracts

OCTOBER 10, 2023

The rule amends provisions of several existing FAR Subparts and introduces new FAR clauses for contracting officers to incorporate into future solicitations and contract actions. The rule also adds new FAR definitions and expands others. But the definition of “security incident” under the proposed clause is very broad.

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Contract Telecommunication Data Thresholds 173

Government Contracts & Investigations

OCTOBER 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. Notably absent from those FAR provisions is a definition for these terms.

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Telecommunication Supply Chain Data Thresholds 52

The Coalition for Government Procurement

AUGUST 15, 2024

program requirements proposed at 32 CFR part 170; Add definitions for controlled unclassified information (CUI) and DoD unique identifier (DoD UID) to the subpart; Establish a solicitation provision and prescription; and Revise the existing clause language and prescription. . §

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E-procurement Supply Chain Price Procurement 52

Public Contracting Institute

AUGUST 19, 2024

The “orders under single-agency contracts” Policy (FAR 42.1502(d)) This policy owns definitive clout and the interpretation of this policy warrants some appreciative clarity and confirmation. The policy reads: “Orders under single-agency contracts. Is there a contradiction or what is the correct interpretation?

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Evaluation Participation Thresholds Contract 52

Inside Government Contracts

SEPTEMBER 21, 2023

Even shipbuilding contracts related to research, development, testing, and evaluation activities would be required to meet these thresholds. That percentage would increase on a graduated scale until January 1, 2033, at which time 100% of the cost of such components must be attributable to U.S. and Canadian business concerns.

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The Coalition for Government Procurement

NOVEMBER 30, 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. Notably absent from those FAR provisions is a definition for these terms.

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Telecommunication Supply Chain Contract Data 52

Government Contracts & Investigations

SEPTEMBER 18, 2023

OMB originally hinted in its Memorandum M-22-11 that for-profit entities were exempt from the BABA requirements due to their general exclusion from the definition of a “non-Federal entity” under the Uniform Guidance. The Guidance (generally) adopts the BAA’s definition of items made predominantly of iron or steel or a combination of both.

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Manufacturing Supply Chain Procurement Thresholds 52

Fox Rothschild: Government Contracts

MARCH 6, 2024

If this threshold cannot be met, DOL will use a weighted average as the third step to determine the prevailing wage. Previously, the Related Acts had a higher threshold for debarment, requiring the violation to be “aggravated or willful.” Site of the Work,” now includes expanded DBRA coverage of “Secondary Construction Sites.”

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IT Thresholds Contract Utilities 59

Procurement Notes

OCTOBER 10, 2022

Jay Blindauer A contractor takes on a Government contract to make money, and inflation is getting in the way. With inflation eroding value for this long, a Government contractor may need to obtain contract relief. 17] However, FAR 16.203-4 limits the use of the FAR EPA clauses to fixed-price contracts. [18]

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Government Government Price Contract 40

The Coalition for Government Procurement

JULY 18, 2024

For bulk sensitive personal data, there is a yet-to-be-determined volume threshold that must be involved in the transaction for it to be covered. Suggested thresholds in the ANPRM range from data sets on 100 U.S. Government (e.g., persons for highly sensitive data to more than 1,000,000 U.S.

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Supply Chain Data Price Thresholds 52

Procurement Notes

JUNE 5, 2021

The Order potentially applies to all “workers working on or in connection with a Federal Government contract[.]” [10] This is the same language that DoL used in describing the scope of the 2014 Order, and made clear that an individual being an actual employee is immaterial to assessing the connection. [11] 214(a)-(b). [14]

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Thresholds E-procurement Contract Procurement Contracts 40

Federal News Network

APRIL 30, 2024

In fact, you and I have talked about a couple of them, where the Trade Commission’s definition of an antitrust dynamic often is very narrowly focused in terms of what the interpretation is. Even if they are a manager and they’re a salaried employee rather than an hourly wage earner, this has a big impact on government contractors.

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Bidding Professional Services Sustainability Capacity 119

GovCon & Trade

AUGUST 28, 2023

Whether through the vaccine mandate, minimum wage increase, emissions disclosure rules, or now with Buy America (BA) rules, the Biden administration has long used the government contracting community to advance its domestic policies.

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Manufacturing Transportation Transportation Supply Chain 130

The Coalition for Government Procurement

JANUARY 4, 2024

The rule, entitled “Nondisplacement of Qualified Workers under Service Contracts,” requires that contractors and subcontractors who work on “covered Federal service contracts” offer service employees on a predecessor contract a right of first refusal of employment on the successor contract.

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Price Supply Chain Contract Data 52

The Coalition for Government Procurement

MARCH 7, 2024

Marcia built an outstanding career as a procurement lawyer, as evidenced by her numerous accolades and contributions to the government contracting community. Recognized as a well-respected leader and consummate professional across the procurement community, Marcia founded and led Mayer Brown’s US Government Contracts practice.

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Supply Chain Price E-procurement Thresholds 52

Procurement Notes

JUNE 15, 2021

Jay Blindauer A contractor will often incur a significant cost (in time and money) to prepare and submit a proposal for a possible Government contract. Accordingly, if a Contracting Office does not receive a debriefing request before its close of business (which, unless the office has a different policy, is presumed to be 4:30 p.m.

Bidding 40

Bidding E-procurement Procurement Negotiation 40

Procurement Notes

MARCH 16, 2023

Hence, PPI tends to be more germane to Government contractors and subcontractors. First , PPI “does not include imports, because imports are by definition not produced by domestic firms.” [10] This is particularly true in the Government contracts space. There are other key differences between CPI and PPI. Canada, U.K,

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Government Contracts Government Government Contract 40

Procurement Notes

OCTOBER 13, 2021

Hilary Cairnie, Troutman Pepper -&- Jay Blindauer, Blindauer Law PLLC The first author, Hilary Cairnie , is a partner with Troutman Pepper Hamilton Sanders LLP (“Troutman Pepper”), and the head of the government contracts practice for the firm. and waive that breach, or cease all performance and walk away from the contract.

E-procurement 40

E-procurement Contract Procurement Government 40

The Coalition for Government Procurement

NOVEMBER 2, 2023

Background, of PAP 2021-05. While the PAP’s Background section cites this definition of what is “fair and reasonable,” the PAP’s “guidance” sets standards and directives that raises questions whether, when read as a whole, it provides guidance that will result in a price and terms that are fair to both parties in a transaction.

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Supply Chain Price Contract E-procurement 52

Procurement Notes

JUNE 23, 2021

For a Federal Holiday to apply to a contractor or subcontractor, it must be introduced through further action (such as through a contract clause or applicable wage determination). 15] See FAR 37.101 (definition of Uncompensated overtime ). [16] 13] See FAR 15.204-1. [14] 14] See, e.g., FAR 16.207. [15] 16] FAR Clause 52.237-10(a). [17]

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Government Government Contract Government Contracts 40

The Coalition for Government Procurement

DECEMBER 14, 2023

Specifically, the cyber threat and incident reporting rule amends provisions of several existing FAR Subparts and introduces new FAR clauses for contracting officers to incorporate into future solicitations and contract actions. The proposed rule also adds new FAR definitions and expands others.

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E-procurement Procurement Price Supply Chain 52

Federal News Network

FEBRUARY 7, 2024

We don’t have an opportunity to say, is my criteria going to meet that 4% threshold so that I’ll get the maximum possible points on this award? So what does that mean for future government contracts? We do know that most government contracts have multiyear. And so it’s untested.

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Thresholds Contract Government Government 117

The Coalition for Government Procurement

NOVEMBER 9, 2023

It includes numerous updated definitions, requirements, and representations relating to contractor cybersecurity. Items to note: “ Information and communications technology ” – This updated definition includes additional examples of ICT including telecommunications services, electronic media, IoT devices, and operational technology.

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E-procurement Supply Chain Telecommunication Contract 52