Government Contracts Legal Forum

Tag Archives: FAR

C&M Publishes Article in BNA Federal Contracts Report on Whether the Exclusion Archives on Violate Contractors’ Liberty Interests

Posted in Suspension & Debarment
The suspension and debarment regulations at Federal Acquisition Regulation (FAR) Subpart 9.4 are focused on the present responsibility of a contractor.  Yet, the records of past, inactive exclusions are available for public view in perpetuity on the System for Award Management website (   In a recent article (linked here) published in BNA’s Federal Contracts Report,… Continue Reading

Federal Agencies’ Proposal Would Require Some Government Contractors to Report Whether They Publicly Disclose Greenhouse Gas Emissions and Reduction Goals

Posted in Legal Developments
Today, the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) (collectively, the “FAR Council”) proposed amendments and revisions to the Federal Acquisition Regulation (FAR) that would require some government contractors to indicate whether they publicly disclose greenhouse gas (GHG) emissions and/or quantify corporate GHG reduction goals. Comments… Continue Reading

OOPS Preview: Regulating Information: Cybersecurity, Internet of Things, and Exploding Rules

Posted in Cybersecurity, Events
Companies of all sizes are increasingly subject to the practical and legal implications of today’s cybersecurity environment, and contractors are no exception.  On May 26, 2016, at 11:00 AM Eastern, Crowell & Moring attorneys David Bodenheimer, Evan Wolff, and Kate Growley will lead a discussion highlighting some of the past year’s most significant cyber contracting… Continue Reading

Responsible Sourcing: New Tools for Contractors to Combat Human Trafficking

Posted in Legal Developments
Last March, government contractors’ anti-human trafficking obligations were significantly expanded under FAR Subpart 22.17, Combating Trafficking in Persons, and its associated contract clause at FAR 52.222-50. Among other requirements, the amended FAR rule broadened the definition of trafficking in persons in government contracts, instituted new contractor reporting obligations, and implemented a number of additional compliance and… Continue Reading

No Double-Dipping: Board Lacks Jurisdiction Over New Theories Asserted in Government’s Amended Answer

Posted in Claims, Cost/Cost Accounting
In AeroVironment, Inc. (Mar. 30, 2016), following an apparent settlement of the government’s cost disallowance claim, the ASBCA denied the government’s request to amend its answer (in order to “clarify” entitlement to additional quantum) because the proposed amendments constituted new “claims” that required new final decisions.  Acknowledging that parties may ordinarily revise quantum without running… Continue Reading

Proposed FAR Rule Targets Restrictive Confidentiality Agreements

Posted in Legal Developments
On January 22, 2016, the FAR Council proposed adding a new rule (link here) prohibiting federal dollars from going to companies that require employees to sign confidentiality agreements that could limit the ability of employees to report suspected fraud and abuse to the government. The proposed rule comes at a time of increased attention on… Continue Reading

Comment Period for “Fair Pay and Safe Workplaces” Extended Again

Posted in Labor & Employment
In an August 3 letter to eight committee and subcommittee chairs, the FAR Council and the Department of Labor indicated that the comment period for the “Fair Pay Safe Workplaces” proposed FAR Rule and related DOL Guidance would be extended to August 26 (from the current date of August 11, 2015).  On July 15, as… Continue Reading

Obama Administration Issues Proposed Rule and Guidance for Implementing “Fair Pay and Safe Workplaces”

Posted in Labor & Employment
On May 28, 2015, the Obama Administration published the highly-anticipated Proposed Rule and Proposed Guidance implementing the “Fair Pay and Safe Workplaces” Executive Order, (E.O.) which President Obama issued on July 31, 2014. The proposed rule adds a new subpart to the Federal Acquisition Regulations (FAR) – subpart 22.20 “Fair Pay and Safe Workplaces” –… Continue Reading

Eleventh Circuit Allows Suspension of Affiliates To Exceed 18 Months

Posted in Suspension & Debarment
In Agility Def. & Gov’t Servs. v. Dep’t of Def., the Eleventh Circuit reversed an Alabama district court ruling and held that under the Federal Acquisition Regulation (FAR), when the government suspends a contractor, it may suspend affiliates of that contractor for more than 18 months based solely on its affiliation with the contractor as… Continue Reading

FAR Council Issues Proposed Rule Changes for Protests of Small Business Status

Posted in Small Business
The FAR Council issued a proposed rule on March 7, 2013, that would amend the FAR to mirror recent changes to the Small Business Administration’s procedures for protests and appeals of small business size and status determinations.  The rule also seeks to provide uniformity for protests and appeals of status as a HUBZone small business… Continue Reading

C&M Lawyers Conduct Live Webinar on False Claims Act on Thursday, June 14

Posted in False Claims
On Thursday, June 14 at 1 p.m. (Eastern time), Crowell & Moring government contracts and false claims act attorneys Bob Rhoad and Dalal Hasan will be conducting a webinar entitled “False Claims Act: Key Provisions and Current Trends in Compliance and Enforcement” on behalf of L2 Federal Resources. During this 90-minute webinar, Bob and Dalal will provide… Continue Reading

Rehabilitation Or Punishment? — The Evolution of Suspension and Debarment

Posted in Suspension & Debarment
Recent legislative trends appear to be squarely at odds with the stated purpose of suspension and debarment. The Federal Acquisition Regulation (FAR) describes a process focusing on “present responsibility,” an express acknowledgement of the potential for contractor rehabilitation, providing discretion to the suspension and debarment official (SDO) to determine the proper outcome of a contractor’s misconduct. Fiscal Year… Continue Reading