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Focus on Regulation

Tag Archives: FAR

Hogan Lovells Publishes Government Contracts Alert on Fair Pay and Safe Workplaces Proposed Rule and Guidance

On July 8, 2015, Hogan Lovells issued a Government Contracts Client Alert on the Obama Administration’s Proposed Rule and Guidance that would amend the Federal Acquisition Regulation (FAR) to implement Executive Order 13673, the “Fair Pay and Safe Workplaces” Executive Order.  Among other things, the proposed rule would require contracting officers to consider a contractor’s

DOD, NASA, and GSA Release Proposed Rule Affecting Contracts Under SBA’s 8(a) Program

On Monday, February 3, 2014, DOD, NASA and GSA released a rule proposing several substantive changes to the Federal Acquisition Regulation (FAR) provisions governing the Small Business Administration’s (SBA) 8(a) Business Development program.  See 77 Fed. Reg. 6,135.  The 8(a) Business Development program assists small, disadvantaged companies break into the marketplace by setting aside small

Hogan Lovells Attorneys Todd Overman and Marta Thompson Author Feature Article on Recertification of Size Status

On December 10, 2013, Law360 published a feature article authored by Todd Overman, Partner, and Marta Thompson, Associate, of Hogan Lovells’ Government Contracts Practice in our Washington, D.C. office.  The article, titled “A Call for Clarification of SBA, FAR Recertification Rules,” focuses on the confusion current SBA and FAR regulations, as well as recent changes, create

Additional Iran sanctions legislation

Congress is working on new Iran sanctions legislation that would further target the activities of non-U.S. companies with Iran, even when the activity has no U.S. nexus. Specifically, the House of Representatives already passed H.R. 850, the Nuclear Iran Prevention Act of 2013, by a vote of 400-20 on 31 July 2013, which would impose

Hogan Lovells Client Alert Highlights Considerations for Contractors in Wake of New Procurement Rule Limiting Terms of Service for Online Social Media Applications

On June 25, Hogan Lovells’ Government Contracts Practice published a client alert on the June 21 interim rule amending the Federal Acquisition Regulation (“FAR”) by preventing federal agencies from agreeing to terms of service (“TOS”) agreements and End User License Agreements (“EULAs”) with open-ended indemnification clauses.  Through the interim rule, President Obama’s Administration is attempting

Incorporating Cybersecurity Standards into the Federal Acquisition Process

Michael J. Scheimer, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. Section 8(e) of Executive Order (EO) 13,636, Improving Critical Infrastructure Cybersecurity, issued on Feb 13, 2013, requires the Department of Defense (DoD) and the General Services Administration (GSA), in coordination with the FAR Council, to make recommendations to the President

Hogan Lovells Partner Todd Overman Publishes Article on FAR Novation Process

Todd Overman, a Partner in Hogan Lovells’ Government Contracts Practice, recently published an article in the journal Service Contractor titled, “Is It Time to Revisit the FAR’s Novation Process?”  The following is an excerpt from the article’s introduction: Many contractors now view the FAR’s novation process as a costly regulatory burden, which takes too long

Department of Labor Rejects Argument that Hospital is a Federal Subcontractor Subject to OFCCP Affirmative Action Requirements

Every now and then a subject comes along that seems much more complicated than it ought to be. The issue of who is a government “subcontractor” is one of those subjects. One would think that a single, straightforward definition of “subcontractor” could be consistently applied across federal contracts. If only it were that simple. Uneven

OMB Releases Guidance on Cost Allowability of WARN Act Liability Relating to Possible Sequestration

On September 28, 2012, the Office of Management and Budget issued Memorandum M-12-19 to all Federal executive agencies entitled Guidance on Allowable Contracting Costs Associated with the Worker Adjustment and Retraining Notification (WARN) Act. The memorandum advises agencies that Federal contractors are not required to issue WARN Act notices to workers based solely on the threat of

New Executive Order Mandates FAR Changes to Implement Human Trafficking Protections

On September 25, President Obama unveiled a new executive order which requires changes to the Federal Acquisition Regulation (“FAR”) to prohibit federal contractors, contractor employees, subcontractors, and their employees from engaging in activities related to human trafficking, as defined in the Trafficking Victims Protection Act of 2000 (“TVPA”). The order states that “[a]s the largest

FAR Update Includes General Guidance to Acquisition Officials on COFC Bid Protests

On September 13, 2012, the Federal Acquisition Council published a final rule in the Federal Register updating FAR Part 33.* This part of the FAR provides guidance to Federal acquisition officials about the bid protest process, among other forms of contract litigation.  Before the update, Part 33 only provided guidance about agency-level protests and protests to

New Safeguarding Requirements for Government Contractor Information Systems

Government contractors soon may be compelled to protect against the compromise of information that is resident on their network and computer systems. The Federal Acquisition Regulatory Council (FAR Council) issued on August 24 a proposed rule on “Basic Safeguarding of Contractor Information Systems”. 77 Fed. Reg. 51,495 (Aug. 24, 2012). The proposal would add a