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...
Capital Connections
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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...
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...
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...
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...
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...
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...
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...
Department of Labor Announces new Rule Increasing Overtime Payment Obligations
On May 18, 2016, the Department of Labor announced a rule change that will allow over four million of employees to potentially qualify for increased pay for overtime hours. The new rule, called the Final Rule, will take effect on December 1, 2016. The Fair Labor...
ASBCA Rules Undergo First Major Re-Write in Decades
The Department of Defense ("DOD") issued a final rule on Monday, July 21, 2014, amending the Defense Federal Acquisition Regulation Supplement ("DFARS") to update the Rules of the Armed Services Board of Contract Appeals ("ASBCA"). The ASBCA is an administrative...