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Sarah Osborne’s practice focuses on complex civil litigation. Within the Construction and Government Contracts Practice Group, Sarah has experience defending construction disputes and represents government contractors in prosecuting and defending bid protests before the Government Accountability Office and the United States Court of Federal Claims. View articles by Sarah.

In response to industry questions about economic price adjustments for inflation, the Department of Defense (DoD) recently issued Guidance on Inflation and Economic Price Adjustments. Key takeaways from DoD’s guidance — which aims to help contracting officers (COs) “understand whether it is appropriate to recognize cost increases due to inflation under existing contracts as

WOSB/EDWOSB Amendments to the FAR Are HereThe Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) recently proposed a series of noteworthy amendments to the Federal Acquisition Regulation (FAR) that impact Women-Owned Small Business (WOSB) concerns and Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns. The key proposed amendments to the FAR — which

Afghanistan Withdrawal: The Government Contractor’s Guide to Terminations for ConvenienceWith the United States’ recent withdrawal from Afghanistan, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the government. Accordingly, government contractors need to know their rights and obligations so that they can be best positioned if one or more of their contracts are terminated.

Govt’s Failure to Grant REA Can Constitute Breach of ContractThe U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under Federal Acquisition Regulation (FAR) 52.245-1 (Government Property) where the conditions specified in that clause are present and the

UPDATE: Huawei Ban and Section 889 Representation RequirementsTo “combat the national security and intellectual property threats that face the United States,” section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for FY 2019 (Pub. L. 115-232) prohibits executive agencies from “entering into, or extending or renewing, a contract with an entity that uses any equipment, system, or service that uses

UPDATE: Section 3610 and PPP Guidance for Government ContractorsWe previously reported on a series of issues arising from the CARES Act and Paycheck Protection Program (PPP) that uniquely impact government contractors. We have cautioned that government contractors should be mindful of the positions that the Department of Defense (DoD) and other agencies stake out in the treatment of PPP loans or Section 3610

DoD Formally Increases 8(a) Sole-Source Threshold to $100 MillionThe Department of Defense (DoD) recently issued a formal amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring contracting agencies to issue sole-source justifications of federal contract awards to companies participating in the Small Business Administration’s 8(a) program.  The amendment increases the threshold from $22 million to $100 million.

New 8(a) BD Program Requirements Effective July 15, 2020As we noted previously, the Small Business Administration’s (SBA) final rule updating the qualification requirements for the 8(a) Business Development (BD) Program will go into effect on July 15, 2020. Importantly, for individuals considering the 8(a) BD Program, the final rule will increase thresholds for qualifying as “economically disadvantaged” and remove prior distinctions between

SBA Issues Long-Awaited Rule on Women-Owned Small Business CertificationThe Small Business Administration (SBA) recently published its long-awaited final rule implementing a 2015 statutory requirement to certify Women-Owned Small Business Concerns (WOSBs) and Economically Disadvantaged Women-Owned Small Business Concerns (EDWOSBs) participating in the Procurement Program for Women-Owned Small Business Concerns. Notably, the SBA’s final rule also adjusts the dollar threshold for determining whether an