In the fiercely competitive political arena of the 2023 elections, maintaining compliance with pay-to-play regulations remains a pressing concern for corporations seeking or currently holding state and local government contracts. As the elections are just over a month away, these businesses have hopefully been diligently educating their directors, officers, and other personnel about the significance…
On July 19, 2023, significant implications were made apparent on the U.S. Small Business Administration (SBA)’s 8(a) Business Development program. The U.S. District Court for the Eastern District of Tennessee in the Ultima Services Corp. v. U.S. Department of Agriculture case imposed an injunction on the SBA. It prevented the SBA from determining federal contractor…
Understanding bid protests is essential in the ever-evolving world of corporate legal practice. With the end of the federal fiscal year approaching, the number of contract awards tends to spike, leading to an increase in protests opposing those decisions. Whether you’re already involved in a bid protest or anticipate being part of one, you’re part…
UpSlope Advisors, Inc., a firm known for its strategic and operational insights, has made waves in the sector by taking a stand regarding what they perceive as an unfair procurement process. They have lodged an explicit protest against a decision made by the United States Transportation Command (USTRANSCOM), arguing that the award of a contract…
As the clock nears 12:01 am on October 1, 2023, commercial companies with government contracts are bracing for potential disruptions due to a looming government shutdown. Informed on September 28, 2023 about the shutdown’s imminence, these organizations find themselves in a situation fraught with uncertainty. Times like these, often marred with confusion about rights and…
Welcome back to our coverage of the Truth in Negotiations Act (TINA), also colloquially referred to as Government Contracts Cost and Pricing. After two comprehensive articles on this topic, we now turn our attention to the Defense Contract Audit Agency (DCAA) audits in relation to TINA, and how governmental contractors can ensure compliance with these…
In anticipation of a potential government shutdown, contractors around the world are grappling with the implications this might have on their operations and are in dire need of a strategy to navigate the enigmatic terrain that lies ahead. Fret not, law professionals, as firms such as Holland & Knight LLP have once again risen to…
As we approach the end of the fiscal year, the federal contracting community finds itself once again under the shadow of a potential government shutdown. With federal funding set to dry up on September 30 and increasing tensions within the House, the likelihood of a shutdown is intensifying. In the face of such possible disruptions,…
August 2023 has proven to be a significant month with two noteworthy GAO protests. Legal professionals around the globe, particularly those working with or within corporate entities interested in government contracts, must take notice of these pivotal findings. One of the protests brought forth explores the risks that come with the use of former federal…
The United States’ antiboycott laws and regulations date back to the disco era, a time when the legal landscape was quite different from today’s fast-paced world of sanctions and export controls. Despite the swift changes we often see in these areas, updates to the antiboycott regulations or enforcement strategies have been rare until recently. Last…
The legal landscape surrounding sovereign and derivative immunity in government contracts offers a complex, yet vital, framework for individuals and corporations interacting with government entities. It’s an area that continually tests the boundaries of jurisdiction and constitutionality under certain circumstances. As outlined in a recent post by Kristi Morgan Aronica from Weitz Morgan PLLC, which…
The second week of September brought crucial developments to the legal landscape involving Government Contracts and Commercial Businesses. Cinching the spotlight, the Department of Defense (DOD) faced a wake-up call with a pivotal report from the Government Accountability Office (GAO) regarding its service contracts. In a report submitted on September 7, 2023, The Government Accountability…
The Australian government has announced plans to consider the quantity of pro bono work conducted by law firms when making decisions on work allocations. The policy shift suggests that firms’ commitment to pro bono work could play a significant role in securing government contracts. Undertaking pro bono work may become an important business strategy for…
In recent times, the intersection of fundamental research and national security has attracted attention and changes in legislation. The gravity of this subject was recently explored in an article published on JD Supra. According to the JD Supra report, the National Center for Science and Engineering Statistics (NCSES) states that the U.S. research universities’ scientific…
The Equal Employment Opportunity Commission (EEOC) has officially announced the date for the 2022 EEO-1 Component 1 data collection. The process is set to begin on Tuesday, October 31, 2023 according to a statement published on September 1, 2023. In addition to this, EEOC has also stated the final day for employers to file their…
Good news for corporate legal departments across the United States: the Equal Employment Opportunity (EEO-1) report deadline for 2022 has officially been announced. Data collection will begin on Tuesday, October 31, 2023, and employers will have until Tuesday, December 5, 2023, to file their reports, according to a recent announcement by Jackson Lewis P.C. Many…
In the realm of government contracts and litigation thereunto, the United States Court of Appeals for the Federal Circuit has provided some clarity on a critical issue. The court holds that the “sum certain” requirement for Contract Disputes Act (CDA) claims against the government is a nonjurisdictional rule, and as such, this requirement is subject…
As part of a continual effort to battle human trafficking, the federal government has proved its dedication to maintain a zero-tolerance policy. Late last year, President Biden served to bolster these ongoing efforts by authorizing bipartisan legislation that takes a robust stand against this illicit trade. A critical element within this legislation is the heightened…
In a recent case, Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (ASBCA or the Board) made it clear that a failure on the part of the federal government to include or incorporate the McNamara-O’Hara Service Contract Act (SCA) FAR Clause 52.222-41 (the SCA Clause) in a contract, does…
In a landscape where government regulations increasingly intersect with tech, federal contractors need to stay up-to-date on the current rules and revisions. One development of particular importance is the No TikTok on Government Devices Act, which has led to a recent rule banning the TikTok app from government devices. This rule extends to all government…
On August 23, 2023, almost a year after the Build America Buy America Act (BABA) was signed into law, the federal Office of Management and Budget (OMB) released its “Final Guidance for Grants and Agreements”. This guidance document intends to implement BABA’s domestic content preference requirements. As legal professionals, it’s essential for us to thoroughly…
As legal professionals, it is incumbent upon us to remain informed about issues that can profoundly impact business operations and legal considerations. One such issue that is particularly salient for companies involved in joint ventures, especially those bidding on government contracts, refers to the hurdles surrounding security clearances. The requirement for security clearances in the…
The U.S. Small Business Administration’s 8(a) Business Development Program, used to aid small businesses in competing in the American economy and accessing the federal procurement market, could be impacted by recent U.S. Supreme Court decisions. The rulings pertaining to affirmative action programs in higher education admissions could have profound implications for racially conscious programs in…
In a recent episode, Tom Howerton once again graced Jdsupra viewers with his insight, this time extensively treating the impact of NIST 800-53 Rev. 5 on organizational cybersecurity. This latest rendition of security guidelines issued by the National Institute of Standards and Technology (NIST) has expanded its sphere of influence to deal not just with…
Trade and compliance professionals operating in the international legal landscape have a fresh set of complexities facing them. The intersection of “Buy America” provisions and the Federal Acquisition Regulations (FAR) are causing a stir within the sphere of global commerce and procurement, particularly in government contracts. A noteworthy development, as observed by the Braumiller Law…