On September 9, 2022 the Department of Defense (“DoD”) issued updated guidance for DoD contracting officers regarding approaches for addressing inflation related to firm-fixed-price contracts. According to DoD’s press release, the guidance, issued by John M. Tenaglia Principal Director, Defense Pricing and Contracting, is based on “feedback” from DoD acquisition executives about how inflation is...
The Small Business Administration (“SBA”) recently issued a final rule implementing new regulations regarding past performance ratings. Specifically, SBA’s rule provides a mechanism for small businesses to use past performance ratings from work the company performed as a member of a joint venture and as a first-tier subcontractor in certain circumstances. The rule is welcome...
On June 16, 2022, the Department of Defense (“DoD”) issued a memorandum on cybersecurity compliance, Contractual Remedies to Ensure Contractor Compliance with Defense Federal Acquisition Regulation Supplement Clause 252.204-7012, for contracts and orders not subject to Clause 252.204-7020; and Additional Considerations Regarding National Institute of Standards and Technology Special Publication 800-171 Department of Defense Assessments....
Recently, the U.S. Government Accountability Office (“GAO”) issued a report on the continuing challenges and opportunities for the Department of Defense (“DOD”) in space acquisitions. GAO’s report, which was timely published during the 37th Annual Space Symposium, reflects the current rise of space systems in military and national security operations. The report also unearths challenges...
We recently wrote about the Office of Federal Contract Compliance Programs’ (“OFCCP”) upcoming requirement for contractors to certify their affirmative action program (“AAP”) compliance starting March 31, 2022. In forging ahead with its oversight function, on March 15, 2022, the OFCCP issued Directive 2022-01, Pay Equity Audits (the “Directive”), which requires contractors to produce internal...
Federal contractors and subcontractors will soon be required to certify, on an annual basis, to the Office of Federal Contract Compliance Programs (“OFCCP”) that they have developed and maintained a written affirmative action program (“AAP”). On February 1, 2022, registration opened for the OFCCP AAP Verification Interface (“AAP-VI” or “Contractor Portal”) and, on March 31,...
