The U.S. Government continues to increase its Federal investment in space – not for exploration, but rather as a defense strategy – and this continued investment provides significant opportunity for commercial entities to...more
GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set...more
In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the decision of the...more
In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more
On November 17, 2023, the Department of Defense (“DOD”) published a Final Rule – over five years in the making – addressing DOD policies regarding the applicability of laws to commercial products, commercial services, and...more
On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that...more
After more than three years of consideration, amidst the largest federal and state investment in broadband deployment, and anticipating disputes between broadband providers and utility pole owners concerning the terms and...more
The U.S. antiboycott laws and regulations have been around since the era of disco. In stark contrast to fast-moving sanctions and export controls, we rarely see updates to the antiboycott regulations or enforcement...more
It’s starting to feel like summer in Washington, DC and like most Washingtonians, the GSA and SBA are thinking about pools. So throw on some flip flops, grab a cold beverage, and let’s dive in to the 8(a) Multiple Award...more
A few months ago we wrote about Congress utilizing the Inflation Reduction Act of 2022 to offer bonus tax credits to certain energy facilities for meeting specified “domestic content” requirements. Relying heavily on the...more
6/29/2023
/ Buy America ,
Country of Origin ,
Energy Projects ,
Federal Transit Administration ,
Inflation Reduction Act (IRA) ,
Made in the USA ,
Manufacturers ,
New Guidance ,
OEM ,
Qualified Energy Facilities ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
On June 26, 2023, the Biden Administration unveiled funding allocations for the $42.5 billion Broadband Equity, Access, and Deployment (“BEAD”) program meant to rapidly expand affordable, high-speed broadband service across...more
For years, domestic content requirements have been a point of pain and frustration for government contractors. Historically, these regimes typically come in the form of the proverbial stick – that is, provide products and/or...more
2/2/2023
/ Buy America ,
Country of Origin ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Transit Administration ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Local Content Requirements ,
Manufacturers ,
Renewable Energy ,
Suppliers ,
Tax Credits ,
U.S. Treasury
In an “update” that reads more like a teaser to a B Movie, the OMB on Friday advised that it will have more guidance on EO 14042 for us soon. What precipitated this official warning that more guidance would be forthcoming?...more
With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters.
On Friday, August 26, the 11th Circuit published a 66-page...more
9/13/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Likelihood of Success ,
Multidistrict Litigation ,
State and Local Government ,
Vaccinations
The United States is engaging in a new form of warfare. Russia invaded Ukraine just over two months ago and, rather than join the fight directly by sending troops to defend Ukraine, the United States is fighting indirectly by...more
4/29/2022
/ Biden Administration ,
Economic Sanctions ,
Embargo ,
Executive Orders ,
Export Controls ,
Federal Contractors ,
Federal Procurement Systems ,
Russia ,
State Action Doctrine ,
Supply Chain ,
Ukraine
On March 18, 2022, the Department of Defense (“DOD”) issued its long-awaited Final Rule implementing Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (“NDAA FY 2018”), and formally codifying defense...more
Software companies selling indirectly to the Federal Government finally received an answer to a question that has lingered for years – can a software company going to market through a reseller bring a direct claim under the...more
Just when you didn’t think things could get any weirder, on Friday, January 21, 2022, the U.S. District Court for the Southern District of Georgia issued a ruling clarifying its prior EO 14042 injunction (currently on appeal...more
1/26/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Georgia ,
Injunctions ,
Masks ,
OSHA ,
Social Distancing ,
Vaccinations
On January 13, 2022, the Supreme Court reinstated the nationwide injunction of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS). (Technically, the Court overturned the...more
1/19/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
What Happened? I Thought This Was Gone!
On Friday, December 17, the United States Court of Appeals for the Sixth Circuit lifted the nationwide Stay that had been previously put in place by the United States Court of...more
12/23/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Masks ,
Notice Requirements ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Stays ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement of Executive...more
12/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Masks ,
Multidistrict Litigation ,
OSHA ,
Social Distancing ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations ,
Virus Testing
On September 9, 2021, the President issued Executive Order 14042, which applies new rules – including vaccination mandates – to Federal contractors and subcontractors. EO 14042 does not include a weekly testing option and is...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
OSHA ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Colleges and universities with U.S. government-sponsored research or other non-grant funding take note. On September 9, 2021, President Biden signed Executive Order 14042 to implement COVID safety protocols for Federal...more
11/1/2021
/ Biden Administration ,
Colleges ,
Educational Institutions ,
Employees ,
Executive Orders ,
Legislative Agendas ,
New Legislation ,
Professors ,
Public Health ,
Regulatory Mandates ,
Students ,
Teachers ,
Universities ,
Vaccinations
On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors and subcontractors. While the EO did not outline specific rules, it did direct a Federal...more
10/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
OSHA ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors. While the EO did not identify specific safety protocols, it did direct a Federal task...more
9/16/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
OSHA ,
Prime Contractor ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety