In government contracting, the mantra “time is money” often holds literal significance. Not only can delays erode profit margins, cause negative CPARS, and impact future awards, but in certain cases, delays lead to the ultimate sanction, a termination for default (“T4D”). In cases of failure to make progress, a T4D often turns on two interrelated […]
... In government contracting, the mantra “time is money” often holds literal significance. Not only can delays erode profit margins, cause negative CPARS, and impact future awards, but in certain cases, delays lead to the ultimate sanction, a termination for default...
Last month, the General Services Administration (“GSA”) made headlines by offering federal agencies one year access to OpenAI’s ChatGPT Enterprise and Anthropic’s Claude for $1 per agency, and days later, a year’s access to Google’s Gemini for $0.47. GSA set...
We are closing in on October 1, which is the over/under date for when the new rule for when the final rule requiring the inclusion of CMMC in Department of Defense solicitations will take effect. Billions of electrons have been...
The Department of Veteran Affairs (“VA”) waived the protections of the Buy American Act (“BAA”) for a drug procurement because no offeror could meet the BAA requirement. But, the Court of Federal Claims (“COFC”) ruled on this issue that the...
At long last, the FAR Council has brought to a close with favorable results for both government contracting activities and contractors the self-inflicted problem of the previous Federal Acquisition Regulation (FAR) requirement that contractors be “continuously” registered in the government’s...
There have been a few important updates in federal appropriations law and source selection processes this summer. Here is what federal contractors should know: Government Accountability Office (“GAO”) Reinforces Congress’ Funding Authority Under the Impoundment Control Act (“ICA”), the President...
On May 22, 2025, the Supreme Court issued its opinion in Kousisis v. United States. This case involved fraud related to the participation of economically disadvantaged businesses in a government contract. The question at issue was actually somewhat nuanced: does...
I read all the news so you don’t have to. SBA Comprehensive Audit of 8(a) Program The Small Business Administration (SBA) announced a sweeping audit of 8(a) contracts. This audit will start with 8(a) contractors receiving either high dollar value...
We have had a lot of requests and questions lately regarding the BAA. This is unsurprising as the regulations can be very unclear at times and how they are applied. Although we have published several blogs on various topics concerning...
On September 24, 1965, President Lydon Johnson signed Executive Order 11246, prohibiting employment discrimination by federal contractors and subcontractors based on race, color, sex or national origin, and mandating that contractors undertake affirmative action programs.[i] That Executive Order was modified...
