Wednesday, December 1, 2021

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Iran on Your Mind? The FAR Should Be, Too.

As the U.S. and EU scale back economic sanctions on Iran, companies considering doing business with the country should consider some potential challenges, particularly those also doing business with the federal government. Until federal regulations are updated, contractors are apparently required to certify their compliance with some sanctions that have been lifted.   More at […]
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GAO: No “Public Posting” Of Solicitation In Closed Government Office

In a recent decision, the Government Accountability Office affirmed the principle that agencies must take steps to ensure maximum competition, even when the dollar value of a simplified acquisition is below the threshold for posting the requirement on FedBizOpps. In this case, the agency placed the solicitation in a binder at the reception desk of […]
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DoD’s Proposed Rule Change to Weighted Guidelines May Lead to Lower Fee Scores on...

A recent proposed rule would amend the DFARS to provide a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit. In essence, the Department of Defense wants to separate the cost incurred during the undefinitized period from the projected costs to completion. […]
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Should I File a Claim or an REA on my Government Contract?

Contractors owed additional time or money under a federal contract must decide whether filing a claim or requesting an equitable adjustment is the right method for pursuing their costs. There are pros and cons to both approaches and the circumstances—and therefore the right answer—with change from contract to contract, but making the right decision could […]
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Far Reaching Impact of DOL’s Increase to FLSA Salary Thresholds

New regulations expanding the eligibility of certain white collar employees to the overtime requirements in the Fair Labor Standards Act will have implications beyond salary considerations. In many cases, employers will have to decide whether to increase a salary to ensure an employee remains exempt or convert an employee to a non-exempt classification. However, before […]
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Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

A recent federal court decision highlights the challenges of drafting and negotiating teaming agreements for federal contracts. In the case, a subcontractor teaming partner sued when its prime declined to protest a lost award, but the court found no language in the agreement requiring the prime to take such action. However, parties can adopt language […]
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SBA Releases “All Small” Mentor-Protégé Template & Application

The Small Business Administration has released a sample template mentor-protégé agreement and application information for its new all-small mentor-protégé program. The template allows mentors to select from six categories of assistance they may provide to the protégé firm: management and technical assistance; financial assistance; contracting; trade education; business development; and general administrative. Once the assistance […]
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Bass, Berry & Sims Attorney Outlines SBA’s Limitation on Subcontracting Rule

In a recent article, Bryan King, a federal contracts attorney with Bass, Berry & Sims, discusses the details of the Small Business Administration’s new limitation on subcontracting rule. This new rule limits the definition of a “similarly situated entity” to first-tier subcontractors. According to King, with the option to team with other similarly situated entities, […]
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Court Temporarily Blocks Most Fair Pay and Safe Workplaces Final Regulations

On Monday, a federal court in the Eastern District of Texas issued a preliminary injunction blocking nearly all the provisions in the regulations implementing the Fair Pay and Safe Workplaces Executive Order. Notably, the court blocked provisions mandating contractor reporting of labor law violations and prohibiting pre-dispute arbitration agreements related to torts based on sexual […]
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Government Must Prove Amount of Unilateral Price Reduction

In a recent decision, the Armed Services Board of Contract Appeals held that while an agency is entitled to unilaterally reduce the scope of work of a contract, it also has the burden of justifying the amount of the reduction and the corresponding reduction in payment. In HCS Inc., the Navy attempted to descope—and not […]
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