Tag Archives: Federal Acquisition Regulations (FAR)

Construction-Manager-As-Constructor Recognized as an Acceptable Project Delivery Method in Federal Contracts

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On December 19, 2019, the U.S. General Services Administration (“GSA”) issued a final rule which amends the General Services Administration Acquisition Regulation (“GSAR”) regarding project delivery methods for construction.[1] This rule, effective January 21, 2020, adopts the Construction-Manager-as-Constructor (“CMc”) project delivery method, one of the three most common construction services delivery methods. By adding the CMc delivery method in the GSAR as an alternative to design-bid-build and design-build, the Government is making it easier to comply with contracting requirements [...]Read more

Final FAR Council Rule Expands the Scope of GIDEP Screening and Reporting and Effectively Mandates GIDEP Membership for Covered Contractors

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The FAR Council recently issued a Final Rule on the Reporting of Nonconforming Items to the Government-Industry Data Exchange Program (GIDEP) to address supply chain risks from counterfeit and nonconforming goods. The Rule goes into effect on December 23, 2019. While the Final Rule on its face addresses counterfeit and nonconforming parts, the GIDEP program is potentially more onerous than meets-the-eye. GIDEP is a U.S. Government funded and managed voluntary information exchange program among government and industry participants.  Its members include, among others, dozens of government [...]Read more

The Federal Government Procurement Process Could Go Digital

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In order to keep up with online marketplaces available at the “one touch” of a smartphone, the federal government is doing its part to bring its procurement process into the digital age. Legislation passed earlier this year by the House of Representatives would allow the U.S. military and civilian government agencies to buy products directly from new online marketplaces instead of following the current procurement process for purchases above the “micro-purchase” threshold (i.e., a few thousand dollars). The newly proposed process would present many opportunities for online retailers and [...]Read more

Women-Owned Small Businesses and Sole Source Contracts

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President Obama’s administration has made it a priority to meet the Small Business Administration’s (SBA) prime and subcontracting goals, which include metrics relating to the percentage of government contracts awarded to small businesses, women-owned small businesses (WOSB), small disadvantaged businesses, service disabled veteran-owned small businesses, and historically underutilized business zones. Although in fiscal years 2013 and 2014 government agencies met or exceeded their prime contracting goals for small businesses in general, they did not achieve their goals for WOSBs. One way to [...]Read more

Proposed Rule Requires Prime Contractor to Report Late or Reduced Payments to Small Business Subcontractors

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On January 20, 2016, the Department of Defense, General Services Administration, and NASA issued a proposed rule to amend the FAR and implement a section of the Small Business Jobs Act of 2010. This proposed rule, which will implement Section 1334 of the Small Business Jobs Act of 2010 and the Small Business Administration’s (SBA) implementation of Section 1334, requires that, among other things, a prime contractor (1) notify the contracting officer, in writing, if the contractor makes a reduced or untimely payment to a small business subcontractor; and (2) disclose the reasons for the reduced [...]Read more

Federal Agencies Cannot Immunize Themselves with Short Termination Windows in Contracts

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In Springfield Parcel C, LLC v. United States, 124 Fed. Cl. 163 (Ct. Fed. Cl. 2015), the U.S. Court of Federal Claims considered the post-award protest of a contract by an unsuccessful offeror. The unsuccessful offeror was protesting the award of a real estate contract to lease new headquarters for the Transportation Security Administration (TSA) offered by the U.S. General Services Administration (GSA). The protestor, Springfield Parcel C, LLC, sought an injunction of the award to Eisenhower Real Estate Holdings, LLC, on the basis that the GSA’s award was unlawful. Springfield, Eisenhower, and [...]Read more