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…