Proposed SBA Rule Would Drastically Change the Impact of Small Business Size/Status Recertifications
The SBA recently released a proposed rule that would bring significant changes to small business size and small business socioeconomic program (Woman-Owned Small Business Program, Veteran-Owned Small Business Program, etc.) recertifications. Such recertifications are especially important in the context of indefinite delivery/indefinite quantity (IDIQ) contracts, which contemplate the award of future task orders to...
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DoJ Files False Claims Act Suit Against University Based on Alleged Failure to Implement Adequate Cybersecurity Controls
On August 22, 2024, the Department of Justice (DoJ) filed a lengthy complaint againstGeorgia Tech alleging that the university had misrepresented its compliance with several important cybersecurity regulations that outline what contractors must to do to protect government information residing on, passing through, or accessible by contractor systems. Ironically, the complaint focuses on allegedly...
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Important notice for DoD contractors and subcontractors
Attention all DoD contractors, subcontractors, and suppliers! Last week, DoD issued its proposal to amend the Defense Federal Acquisition Supplement (DFARS) to incorporate solicitation and contractual requirements to implement CMMC 2.0, once finalized. As part of the notice and comment process, DoD seeks comments by October 15, 2024. Speak Now! What’s in the new...
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Federal Circuit Panel Issues Landmark Decision Addressing Tucker Act Standing and COFC Jurisdiction in Task Order Protests
The Federal Circuit’s recent decision in Percipient.AI, Inc. v. United States represents a major development in its case law regarding bid protest standing and task order protest jurisdiction. In the decision—which has rightly received significant attention this month—a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held that Percipient, which...
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FAR Council issues proposed rule on semiconductor supply chain management
A lot of attention has been paid in recent years to semiconductors, tiny electronic parts that power everything from consumer electronics and automobiles to critical infrastructure and advanced military systems. Most prominently, the CHIPS and Science Act, which President Biden signed into law in August 2022, appropriated nearly $52 billion to boost semiconductor research...
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Are they independent contractors or employees? What’s the economic reality?
On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule on worker classification under the Fair Labor Standards Act (“FLSA”). Under the final rule, the DOL is modifying their Wage and Hour Division regulations to reflect its latest analysis/guidance for determining whether a worker should be classified as an employee...
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