SBA JV Agreements: Continued Awareness is Key to Avoiding Compliance Risks

Tue, November 22nd 2022
As many contractors have known for quite some time, the U.S. Small Business Administration (“SBA”) regulations provide detailed requirements for joint venture agreements, and failure to meet any of the regulatory requirements can disqualify a joint venture entirely. As for the practical ramifications for this failure, if a joint venture with a deficient joint venture...

Proposed Climate Rule Presents Substantial Compliance Burdens on Federal Contractors

Thu, November 17th 2022
On November 14, 2022, the Federal Acquisition Regulatory Council (“FAR Council”) issued a proposed rule that will have a sweeping impact on nearly all federal contractors. To implement the policies in Executive Order 14030 (Climate-Related Financial Risk) and Executive Order 14057 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability), the FAR Council has proposed...

Transportation Moving Forward with Buy America Relief for Certain Contracts

Tue, November 15th 2022
The landmark Bipartisan Infrastructure Law (“BIL”) is a once-in-a-generation initiative to address aging U.S. infrastructure needs and equalize greater access to public resources. While the Administration continues to move with impressive speed in creating the administrative channels and oversight offices necessary to implement the billions of dollars that have been appropriated for this impressive undertaking,...

4 Takeaways: GAO Bid Protest Annual Report to Congress for FY 2022

Wed, November 2nd 2022
Yesterday, the U.S. Government Accountability Office (“GAO”) published its Bid Protest Annual Report to Congress for Fiscal Year 2022. GAO’s annual report is required under the Competition in Contracting Act of 1984 (“CICA”) and provides the government contracting community with good insight into GAO’s bid protest function. [1] Despite being just four pages (excluding GAO’s...

DoD Issues Class Deviation on Small Biz Joint Ventures and SAM Registration

Thu, October 27th 2022
On October 26, 2022, John M. Tenaglia, Principal Director, Defense Pricing and Contracting, issued Class Deviation 2023-O0001 to direct contracting officers to use alternate procedures to verify small business joint venture offeror eligibility instead of using the System for Award Management (“SAM”). The Class Deviation takes effect on October 28, 2022 and remains in effect...

Buy American Act Content Requirements Are Tightening Again, Are You Prepared?

Mon, October 24th 2022
Numerous changes to the Buy American Act (“BAA”) have been proposed and implemented in recent years, with another one coming this week.  Beginning tomorrow, on October 25, 2022, the domestic content requirement for components in non-ferrous manufactured end products and construction materials will increase from 55% to 60%.  This increase will be the first of...

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