“Cold Take” Alert: There’s A Reason It’s Called “Working At Risk”

Jan 9, 2020

  By David Warner, Last month, the U.S. Court of Federal Claims issued a decision underscoring the substantial risk contractors incur if they perform work not properly authorized by the appropriate government authority. The decision in Panther Brands, LLC v. United States, No. 16-1157C (Dec. 17, 2019) serves as a stark reminder that, even in the… Read more »


GSA Multiple Award Schedule Mass Modification Will Impact Pending and Current Schedule Holders – January 2020

Jan 2, 2020

  By JW Butler On October 1, 2019 The General Services Administration (GSA) released the new Multiple Award Schedule (MAS) 47QSMD20R0001. GSA has tentatively scheduled the first mass modification refresh for the MAS Solicitation 47QSMD20R0001 for January 2020. The MAS will be updated to incorporate the below changes in Refresh #1: Implement the 2nd Interim… Read more »


FAR “Fake” News! FAR Amended to Require Reporting of Counterfeit Items

Dec 19, 2019

  By Hon. Jack Delman Background On November 22, 2019, the DOD, GSA and NASA jointly issued a final FAR rule, effective December 23, 2019, amending the FAR to require contractors and subcontractors to report to the “Government – Industry Data Exchange Program” (GIDEP) certain counterfeit or suspected counterfeit parts as well as certain major or… Read more »


New DOJ Strike Force Aimed at Contractors is Likely Overhyped

Dec 12, 2019

By Tyler Freiberger, Esq.,   The Department of Justice recently announced the new Procurement Collusion Strike Force (“PCSF”), an inter-agency partnership that includes prosecutors from DOJ’s Antitrust Division and 13 U.S. attorneys’ offices, FBI investigators, and several agency Inspectors General offices. The stated goal of this partnership is “deterring, detecting, investigating and prosecuting antitrust crimes” in the government… Read more »


Phase 2 – Multiple Award Schedules (MAS) Consolidation

Dec 5, 2019

  By Julia Coon, The General Services Administration (GSA) completed Phase 1 of the Multiple Award Schedule (MAS) consolidation on October 1, 2019 when the new MAS solicitation consolidating the twenty-four legacy Schedules into one single solicitation was published. Phase 2 of the MAS consolidation will begin in January 2020 when GSA issues a mass… Read more »


Debriefings: A Modest Proposal

Nov 21, 2019

  By William Weisberg, Esq., So, I was asking myself, what about government contracts drives me up a wall?  More particularly, what is most frustrating to me, as a practicing procurement lawyer?  Easy: debriefings.  We (at least contractor “we”) have participated in debriefings where the government “script” was some variation on: “Your proposal was terrible.  Here… Read more »


The DOD Cybersecurity Maturity Model Certification: Is Your Organization Prepared?

Nov 14, 2019

  By Angel N. Davis, With Cybersecurity awareness a keen focal point, regardless of business size, Government Contractors now have an overwhelming responsibility to ensure the safeguarding of sensitive customer data. The latest Department of Defense (DOD) regulation being developed to support the growing number of cybersecurity concerns , is the DOD Cybersecurity Maturity Model Certification…. Read more »


President Trump Revokes Executive Order Providing for Nondisplacement of Qualified Workers

Nov 7, 2019

  By Heather Mims, Esq. Under Executive Order 13495, the policy of the Federal Government was that all Service Contract Act covered contracts over the simplified acquisition threshold were to include a contract clause requiring contractors to make good-faith offers of employment to predecessor SCA-covered employees.  However, on October 31, 2019, President Trump issued an “Executive… Read more »


Forty Million More Reasons To Care About Workplace Equity

Oct 31, 2019

By David Warner,   Actually “40,569,816 reasons,” to be exact. Last week the Office of Federal Contract Compliance Programs (OFCCP) issued a press release lauding its performance in fiscal year 2019 in which it obtained a record-setting $40,569,816 in monetary settlements from federal contractors. The results reflect a more than sixty-five percent (65%) increase over the… Read more »


Staying Vigilant – Why Ethical Compliance Under the FAR is Never Complete

Oct 24, 2019

By Edward W. Bailey,   All too often, federal contractors let their guard down when it comes to their ethical duties under the Federal Acquisition Regulations (FAR). This is largely because the FAR’s provisions concerning ethical conduct do not provide much specific guidance. For example, FAR § 52.203-13 requires contractors to have a “written code of… Read more »