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Government contractors large and small trust Per David Midboe to solve their most complex legal challenges to winning and successfully performing work for the government. Building on his substantial Navy experience, Per advises clients —  particularly in the defense, emerging technologies,  and IT sectors — on critical competition issues under the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement, including solicitation terms, evaluation factors, organizational conflict of interest issues, bidders’ Q&As, request for information responses, subcontract formations, conducting discussions, government data rights clauses, subcontractor flow-downs, Procurement Integrity Act investigations, and debriefs. He also has a substantial bid protest practice, representing clients at the Government Accountability Office, at the Court of Federal Claims, and in state court bid protest litigation.

Concerns about the federal debt limit have simmered since the Government reached the limit in January, but things are coming to a boil with the Treasury Department’s confirming that, as early as June 1, “extraordinary measures” may be insufficient to prevent the U.S. from defaulting on its obligations. A default would be unprecedented, creating uncertainty about how the Administration will proceed. It is important, therefore, that contractors understand the circumstances and be prepared to respond effectively to a range of scenarios.

What is the Federal Debt Limit?

The federal debt limit is the maximum amount of money that Congress, by statute, permits the Treasury to borrow.  When Treasury reached this borrowing limit in January 2023, it began taking “extraordinary measures” to keep paying the federal government’s bills, but those extraordinary measures can only temporarily stave off default.  Once the federal government’s cash on hand is no longer sufficient to pay its bills despite those extraordinary measures, the U.S. could begin defaulting on its payment obligations. 

Continue Reading Debt Limit Default

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023, signed into law on December 23, 2022, makes numerous changes to acquisition policy. Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here. These include changes that provide new opportunities for contractors to recover inflation-related costs, authorize new programs for small businesses, impose new clauses or reporting requirements on government contractors, require government reporting to Congress on acquisition authorities and programs, and alter other processes and procedures to which government contractors are subject. The FY 2023 NDAA also includes the Advancing American AI Act, the Intelligence Authorization Act for FY 2023, and the Water Resources Development Act of 2022, all of which include provisions relevant for government contractors.

Continue Reading FY 2023 National Defense Authorization Act: Key Provisions Government Contractors Should Know