Government Contracting Elections & Politics

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What Is The Trump Pharmaceutical Policy?

Pharmaceutical stocks took a hit after President-elect Trump criticized the industry during his January 11, 2017 press conference. But he also expressed support for the domestic pharmaceutical industry. What is the Trump...more

Weekly Update Newsletter - January 2017 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 - This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense...more

The White House’s Revisions to its Breach Response Policy For Federal Agencies and Departments Also Affect Contractors

On January 3, 2017, the Obama Administration issued a memorandum to all executive departments and agencies setting for a comprehensive policy for handling breaches of personally identifiable information (the “Memorandum”),...more

The fourth railway package: the next stop on the journey to liberalization

The fourth railway package has been adopted in two stages: a technical pillar, recasting the interoperability and safety directives and amending the regulation establishing a European Railway Agency, adopted on May 11, 2016,...more

Government Contracts Legislative and Regulatory Update - January 2017

Our January edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of December....more

HHS OIG Finalizes New Exclusion Rules as Administration Exits

With just a week left before a new administration takes office, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) finalized changes to the regulations authorizing OIG to exclude...more

2017 Brings Changes to the Federal Executive Branch Gift Rules

The Office of Government Ethics (OGE) recently amended the executive branch gift rules, which became effective on January 1, 2017. The changes include clarifications to existing exceptions that are frequently used as well as...more

CFTC Issues Interpretation on Federal Transition and Inaugural Contributions

On December 23, 2016, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) issued a staff interpretation saying that, in its view, contributions by swap dealers and their...more

Governor Cuomo Signs Executive Order Requiring State Contractors To Report Job Title And Pay Data

On January 9, 2017, New York Governor Andrew Cuomo signed an Executive Order that requires state contractors to disclose, in addition to data on gender, race, and ethnicity that is already required, job title and salary data...more

Virginia Governor Issues Executive Order to Combat Sexual Orientation and Gender Identity Discrimination Among State Contractors

Virginia law does not currently prohibit discrimination on the bases of sexual orientation or gender identity. However, as Governor Terry McAuliffe stated in a news release on January 5, 2017, “Starting today, the...more

Proposed New Jersey Law Takes Aim at Mandatory Arbitration

Assembly Bill A-3064, which the New Jersey Assembly passed on October 20, 2016, will come up for consideration in the Senate this year. If the Senate passes and the Governor signs A-3064, no company that wants to do business...more

DBE Contracting Opportunities under the Trump Administration

With President-elect Trump’s promise to turn America’s crumbling infrastructure into an opportunity for accelerated economic growth, there are likely to be significant investments in the next four years in transportation,...more

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government...more

Water Act a “WIIN” for Infrastructure

Last month, in a strong display of bipartisanship in an otherwise tense post-election political climate, Congress passed the Water Infrastructure Improvements for the Nation Act (“WIIN” or the “Act”). President Obama signed...more

Minimum Wages Climb

Workers will now receive higher minimum wages mandated by state law in 19 states, effective this month. Florida’s minimum wage increased to $8.10 an hour from $8.05 an hour, effective January 1. Tipped employees in Florida...more

Effective January 1, 2017: New Federal Contractor Paycheck Transparency, Independent Contractor Notice, and Paid Sick Leave...

On January 1, 2017, new federal contract paycheck transparency, independent contractor notification, and paid sick leave requirements go into effect.  Below we summarize the key elements of these new regulatory requirements....more

LPTA Out, Fixed Price Contracts In

The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA), signed into law by President Obama on December 23, includes limitations on a low price evaluation methodology and a preference for fixed price contracts...more

Washington, D.C. Update – December 2016

With the last-minute passage of a Continuing Resolution (CR) to stave off a government shutdown, the 114th Congress has come to an end. When Congress returns in January, it will be faced with a number of immediate challenges,...more

You’re Hired: Labor Policy Under the Trump Administration and in the 115th Congress

If personnel reflect policy, President-elect Donald Trump’s selection of Andrew Puzder as the next Secretary of Labor signals a turning point for labor and employment policy. The Chief Executive Officer of CKE Restaurants,...more

Task and Delivery Order Bid Protests Are Back in Business at the GAO

New Legislation Reinstates GAO’s Civilian Task Order Protest Jurisdiction, but the 2017 NDAA Will Up the Threshold for Non-Civilian Agency Task Order Procurements...more

UPDATE: Civilian Task Order Protest Jurisdiction Already Restored, DoD Task Order Threshold Likely to Increase Soon

As we reported on December 14, 2016, on December 8, the Senate passed the National Defense Authorization Act (NDAA) of 2017, which calls for changes to the Government Accountability Office’s (GAO) jurisdiction over civilian...more

Dissecting the Proffer Reform Bill

Virginia Code § 15.2-2303.4, the Proffer Reform Bill, went into effect on July 1, 2016. The bill was an effort by the Virginia General Assembly to overhaul localities’ proffer programs. ...more

House and Senate Overwhelmingly Pass Final National Defense Authorization Act of the Obama Administration

On December 8, the Senate voted 92 to 7 to send the wide-ranging National Defense Authorization Act (NDAA) to President Obama's desk. The House approved the bill by a margin of 375 to 34 the week before. If signed by the...more

"Developments: Applying Federal Pay-to-Play Rules to Trump/Pence Inaugural and Transition Committees"

For financial institutions subject to federal pay-to-play rules (SEC Rule 206(4)-5 for investment advisers, MSRB Rule G-37 for municipal bond underwriters and municipal advisors, and CFTC Rule 23.451 for swap dealers),...more

21st Century Cures Act – Provisions Relating to Reimbursement & Fraud and Abuse

On December 13, 2016, President Obama signed into law the 21st Century Cures Act (the Act), just days after it passed in the U.S. House of Representatives and Senate. With an overarching goal of advancing biomedical...more

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