Not to be outdone by the Department of Defense’s commitment to consider inflation relief, on September 12, 2022, the General Services Administration (“GSA”) Federal Acquisition Service published a Supplement to Acquisition Letter MV-22-02, extending and enhancing policies to provide inflation relief to GSA Schedule contractors. As we previously explained, the original Acquisition Letter relaxed
TDR Wars—Episode V: OIG Strikes Back
On July 18, the GSA Office of the Inspector General (OIG) issued an Alert Memorandum both broadcasting and criticizing the Federal Acquisition Service’s (FAS) apparent decision to expand the Transactional Data Reporting (TDR) rule to the entire Multiple Award Schedule (MAS). The TDR Pilot Program studied the potential for TDR to reduce the compliance burdens of the MAS program by replacing the various requirements Federal Supply Schedule (FSS) contractors must fulfill to ensure the pricing offered to GSA customers is fair and reasonable, including the obligation to make Commercial Sales Practice disclosures and to track commercial pricing and discounts to the negotiated Basis of Award customer under the Price Reductions Clause. The GSA OIG previously criticized the TDR Pilot Program.
Administration Makes Good on Promise to Increase Domestic Content Requirements under the Buy American Act
On March 7, 2022, the FAR Council published a Final Rule implementing further revisions to the Buy American Act (BAA), as contemplated by President Biden’s Executive Order titled Ensuring the Future is Made in All of America by All of America’s Workers, which he issued his first week in office. The Final Rule makes three
National Defense Authorization Act for Fiscal Year 2022: Acquisition Policy Changes of Which Government Contractors Should Be Aware
During December 2021, the House and Senate reached agreement on a compromise National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022. On December 23, 2021, Congress presented S. 1605 to President Biden, which he signed on December 27, 2021.
The FY2022 NDAA contains numerous provisions relating to acquisition policy—which provide new opportunities for government contractors, will result in the imposition of new clauses or reporting requirements on government contractors, require government reporting to Congress on acquisition authorities and programs, alter processes and/or procedures to which government contractors are subject, etc. Crowell & Moring’s Government Contracts Group discusses the most consequential changes in the FY2022 NDAA for government contractors below.
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FEATURE COMMENT: COFC Pushes Back on GAO Waiver and Cost-Realism Analyses
In a recent alert, we highlighted VS2 v. U.S., in which the Court of Federal Claims refused to expand the Federal Circuit’s Blue & Gold waiver doctrine and required the Army to consider performance risk in a cost realism evaluation. In a new “Feature Comment” published in The Government Contractor, we
Buy (Even More) American – FAR Council Proposes New Rules Implementing Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers”
On July 30, 2021, the FAR Council published a Proposed Rule to implement President Biden’s January 2021 Executive Order seeking to maximize the use of American-made products and materials in federal procurements. Coming just six months after a recent January 2021 Final Rule increasing both the domestic content percentage and the price evaluation preferences for
GSA Clarifies the Future of Transactional Data Reporting in the Federal Supply Schedule Program
On April 27, 2021, the General Services Administration (GSA) announced its intention to not only continue but expand the Federal Supply Schedule (FSS) Transactional Data Reporting (TDR) pilot program, based on a third consecutive year of positive results.
Since 2016, GSA’s pilot has studied the potential for TDR to replace the various onerous requirements FSS
American Rescue Plan Presents New Government Contracting Opportunities – What Prospective Contractors Should Know
On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan, which is expected to increase government contracting spend and opportunities for government contracting at the federal, state, and local levels through 2021 and beyond. To facilitate entry into what can otherwise be viewed as a daunting web of regulations and restrictions, Crowell
One-Two Punch: President Biden Issues Made in America Executive Order Mere Days After FAR Council Issues Final Rule Tightening Federal “Buy American” Requirements
Contractors barely had time to digest the prior administration’s changes designed to tighten the Buy American Act restrictions when, on January 25, 2021, President Biden issued Executive Order 14005 on “Ensuring Future of America is Made in America by all of America’s Workers” directing further tightening and perhaps even a new approach to determining what
GAO Sustains Protests Alleging Agency Failed to Consider Pandemic Impacts on its Requirements
In Chronos Solutions et al., GAO sustained a pre-award protest challenging the terms of a solicitation issued by the United States Department of Housing and Urban Development (HUD). The solicitation sought asset management services to support the disposition of properties conveyed to HUD following foreclosure of loans guaranteed by the Federal Housing Authority. The