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Check Your LED Lighting Supplies and Construction Materials or It Could Cost You

Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as...more

Georgia District Court Places Nationwide Stay on the Government Contractor Vaccination Mandate

Following an expedited briefing schedule and hearing, the U.S. District Court for the Middle District of Georgia has issued a nationwide preliminary injunction staying implementation of the government contractor vaccination...more

Georgia v. Biden Places Nationwide Stay on the Government Contractor Vaccination Mandate

Breaking news – Following an expedited briefing schedule and hearing, the United States District Court for the Southern District of Georgia, in Georgia v. Biden, No. 21-cv-00163, has issued a nationwide preliminary injunction...more

White House Fact Sheet Results in Additional Questions for Government Contractors

On November 4, 2021, the White House released a fact sheet on the issuance of new OSHA ETS and CMS Rules and also addressed some changes to the previously announced EO 14042 federal contractor vaccination mandate. During last...more

Mandatory COVID-19 Vaccination Rule for Government Contractors Continues to Develop

We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more

Update on Vaccine Requirements and Roll Out of the Path out of Pandemic Plan

We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration's Path...more

Biden’s Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries

Published on June 9, 2021, President Biden’s Executive Order on Protecting America’s Sensitive Data from Foreign Adversaries is the latest Executive Order seeking to strengthen national security by improving public and...more

Continuing Developments on the Supply Chain Front

Recent weeks have brought news on multiple fronts regarding supply chain risks and actions in response thereto: Commerce ICTS Regulations to Go Into Effect; Chinese ICTS Companies, Products and Services in the...more

Protests Alleging an Unmitigated OCI Must Present “Hard Facts” Even When the Awardee Is the Incumbent

When an agency makes an award to the incumbent, the disappointed offerors often believe that the incumbent’s performance of the previous contract must have given it an impermissible leg up on the competition in the form of an...more

GSA Removes All But DoD-Approved Drones from MAS Contracts

In a move that has been expected for some time, the General Services Administration (GSA) announced on January 12, 2021 that it will remove all drones (as defined by 49 U.S.C. Ch. 448) from Multiple Award Schedule (MAS)...more

Challenging an Agency’s Determination of Urgent and Compelling Need Can be an Uphill Battle

Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available...more

If Your Proposal Makes the Agency Work Too Hard, You Have Only Yourself to Blame If You Don’t Win

If the first rule of proposal writing is “give the agency the information it asks for,” the most important corollary is “make the proposal easy to understand.” In other words, clarity and consistency is key; avoid anything in...more

Two Kinds of False Claims, the Same Bad Outcome

Leo Tolstoy famously began his 1877 novel Anna Karenina with the observation, “All happy families are alike; each unhappy family is unhappy in its own way.” Much the same could be said of government contractors that find...more

Another (Minor) Step in the Evolution of Section 889(a)(1)(B) Obligations

In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. We previously reported on the Federal...more

DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation

Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of...more

You Challenge the Award, You Best Come Ready to Play

Just as in golf swings, your follow-through in Government Accountability Office (GAO) protests can mean the difference between success and failure. And if you don’t have a solid argument to bolster your protest grounds, you...more

Federal Contractors’ Compliance Responsibilities Just Got Easier, or Did They?

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more

Senate and House Make Progress in Passing the National Defense Authorization Act for Fiscal Year 2021

A  recent article on this blog reported on the contents of the Senate version of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), which had been rolled out of committee for consideration by the full Senate....more

Federal Contractors' Compliance Responsibilities Just Got Easier, or Did They?

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more

Beware Rogue Employees with a Taste for Fraud

As if more evidence were needed, a recent Department of Justice (DOJ) indictment provides another reminder of the importance of an effective compliance program—and the potential costs to contractors if their program doesn’t...more

Flouting Affiliation Rules When Pursuing Small Business Set-Asides Can Lead to FCA Woes

If you were somehow still wondering whether small businesses really need to be concerned about the affiliation rules in the Small Business Administration (SBA) regulations, the answer is a resounding “Yes.”...more

If the Solicitation Doesn’t Provide Enough Information for You to Bid Intelligently, Push for More

Ideally, an agency’s solicitation would provide comprehensive information about its requirements so that interested offerors each had what they needed to craft their best response to the agency’s actual needs. Such a...more

DoD Issues Class Deviation and Guidance to Implement CARES Act Relief for DoD Contractors under Section 3610

Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or...more

In Case You Missed It: New Website Provides Acquisition-Related Coronavirus Information

If you’re looking for a single place to find information concerning the federal government’s response to the coronavirus that impacts contractors, the General Services Administration (GSA) recently uploaded a webpage on the...more

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