To Classify or Not to Classify? – Demystifying the Declassification Process
The Pentagon Papers; the Guantanamo Bay documents leak; the Snowden files. [1] Once again, the classification and declassification of Government documents has been a hot topic in the news. However, despite the extensive coverage and polarized opinions on the matter, there has been a lack of clarity on the actual rules governing the procedures for […]
Department of Defense Offers Guidance to Contractors Battling Inflation
Few government contractors who negotiated contracts prior to 2021 could have foreseen the rampant inflation that the economy has seen in recent months.[1] In fact, the Federal Reserve continued to refer to pandemic-related inflation as “transitory” up until the end of 2021,[2] giving many businesses a false sense of security. That prediction of course proved […]
Major Update to BAA Rules Promises to “Make Buy American Real”
On March 7, 2022,[1] a final rule amending the FAR’s Buy American Act (BAA) requirements was published in the Federal Register,[2] marking an acceleration in the Biden Administration’s “made in America” policy. Beginning on October 25, 2022, the amendments will affect the current Buy American Act requirements in two important ways: The domestic content threshold will […]
Minimum Wage Climbs to $15 for Federal Service Contractors
The Department of Labor has taken the final steps to implement a long-coming change to federal contracts for services: a $15 minimum wage. [1] Effective as of January 30, 2022, the Department of Labor’s Final Rule implementing President Biden’s Executive Order 14026 formalizes the wage hike for most federal contractors providing services to the Federal […]
A New Tool to Combat Cybersecurity Breaches: DOJ Opens Door for Whistleblowers to Report Cyber-Fraud on Federal Contractors
Authors: Mark Blando & Robby Dube[1] On October 6, 2021, Deputy Attorney General Lisa Monaco announced the Department of Justice’s Civil Cyber-Fraud Initiative.[2] The Cyber-Fraud Initiative will utilize the False Claims Act, 31 U.S.C. §§ 3729 et seq. (“FCA”) to “combat new and emergency cyber threats to the security of sensitive information and critical systems.”[3] […]
SBA Proposes New Size Standards for Wholesale and Retail Trade Industries
Qualifying as a small business under the Small Business Administration’s (“SBA”) size standards opens a wealth of opportunities for businesses seeking to contract with the federal government. In deter mining the size of a business under SBA regulations, the SBA looks to the industry in which the business operates, its annual revenue, and/or the number […]
HUBZone Program Updates Bring Needed Efficiency to the FAR
After the SBA updated its regulations three years ago to increase the use of HUBZone small business concerns across the country, updates are finally coming to the FAR. The Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) are proposing to amend the Federal Acquisition Rules (FAR) to […]
USML No More: 9th Circuit Ruling Moves 3-D Printed Weapons and Ammunition from the USML to the CCL
Any business involved with 3-D printed firearms, ammunition, and technical data will now have its products subject to the Commerce Control List instead of the United States Munitions List following a Ninth Circuit ruling. On January 20, 2020, the Bureau of Industry and Security (“BIS”), an agency under the Department of Commerce, issued a new […]
Proposed DOD Rule Would Enhance Post-Award Debriefing Rights
Department of Defense contractors may soon enjoy expanded debriefing rights, greater transparency over award decisions, and much needed clarity over the timeframes for obtaining a stay of contract performance thanks to newly proposed Department of Defense rules regarding post-award debriefings. Per Section 818 of the National Defense Authorization Act for Fiscal Year 2018, the Department […]
Formatting Violations in Quote Lead GAO To Overturn $348 Million Award
On May 2, 2016, the GAO sustained in part the protests of DKW Communications, Inc. (DKW) against the award of three fixed-price task orders to Criterion Systems, Inc. (Criterion). Matter of DKW Commc’ns, Inc., B-412652.3; B-412652.6 (May 2, 2016). The basis for DKW’s protest was that Criterion failed to follow the formatting requirements set forth […]