Government Contracts

View the PDF here Presented by The Capital Group and Berenzweig Leonard The SBA is no longer permitting most applicants to the 8(a) Business Development Program to establish their eligibility based on the rebuttable…

When a federal contractor is required to certify or recertify its small business size status can be confusing and depends on several factors, including the type of contract it is bidding on and whether the solicitation is restricted to or otherwise set aside for small business concerns.[1]…

As the end of the federal government’s fiscal year approaches on September 30, 2023, contractors need to begin preparing for the possibility of a government shutdown. In this current political climate, it is quite possible that Congress will not be able to pass a spending bill or enact a…

On June 2, 2023, the FAR Council issued an Interim Final Rule implementing a new FAR provision, FAR 52.204-27, Prohibition on a ByteDance Covered Application (June 2023), that imposes on government contractors a broad prohibition on the use or even the presence of the TikTok app or other software…

The United States reached its debt limit in January 2023, and since then has been using “extraordinary measures” to avoid defaulting on its financial obligations, including Social Security, Medicare, salaries for military and federal civilian employees, and payments to government contractors. Treasury Secretary Janet Yellen has stated that the…

The government’s evaluation of a contractor’s performance on a contract is a critical component for contractors trying to win new contracts. Typically, the agency puts its evaluation in a report, commonly referred to as a CPARS (the Contractor Performance Assessment Reporting System), according to FAR Subpart 42.15. On occasion,…

Two recent decisions from the Government Accountability Office (GAO) show how offerors cannot expect the government to fill in information missing from their proposal. Specifically, offerors cannot expect the government to consider their work as an incumbent on the current contract, nor can they expect the government to call…

On December 1, 2022, the FAR Council issued a final rule, Effective Communication between Government and Industry, 87 FR 73902, effective December 30, 2022, that confirms that “Government acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry” during the pre-solicitation…

Federal contractors can no longer inquire about an applicant’s criminal history before extending a conditional job offer. The Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) took effect at the end of 2021. Exceptions to the Act include positions related to law enforcement and national security…