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“There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement...

On September 14, 2023, Daniel W. Glad — Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division — gave remarks as the keynote speaker for the Virginia Bar...more

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Preparing for an Impending Government Shutdown: Legal Hurdles for Federal Contractors

It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal...more

OMB Issues Final Guidance for Build America, Buy America Requirements

On Aug. 14, 2023, the White House, acting through the Office of Management and Budget (OMB), issued final guidance to federal agencies implementing the Build America, Buy America Act (BABA), enacted as part of the...more

DHS Issues Final Rule Regulating Federal Contractors’ Handling of Controlled Unclassified Information

On June 21, 2023, the U.S. Department of Homeland Security (DHS) issued a long-anticipated cybersecurity final rule (DHS Final Rule), which revises an existing clause and adds two new clauses to the Homeland Security...more

Federal Court Upholds Federal Contractor Minimum Wage Increase

On Jan. 6, 2023, the U.S. District Court for the District of Arizona upheld President Joe Biden’s authority to issue an Executive Order (EO) increasing the minimum wage for federal contractors and subcontractors to $15 per...more

Government Contractor Vaccine Mandate Remains Paused, Pending Guidance

Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, as...more

DOJ and Aerojet Settle for $9 Million in Qui Tam Cybersecurity False Claims Act Case

On July 8, 2022, the U.S. Department of Justice announced a $9 million settlement with federal government contractor Aerojet Rocketdyne, Inc. for alleged violations of the False Claims Act (FCA) in a case pending in the...more

Federal “Ban the Box” Regulations Proposed

The U.S. Office of Personnel Management (OPM) proposed initial regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). The proposed regulations would apply to federal employees and will...more

Biden Administration Amends “Buy American” Rules to Increase Domestic Content Requirements

On March 7, 2022, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing...more

CMMC 2.0: Department of Defense Revamps Cybersecurity Maturity Model Certification Program

On November 4, 2021, the Department of Defense (DoD) announced significant changes to the strategic direction of the Cybersecurity Maturity Model Certification (CMMC) program. Specifically, DoD stated that the goal of these...more

Department of Justice Announces Increased FCA Enforcement Through New Civil Cyber-Fraud Initiative

On October 6, 2021, the Department of Justice (DOJ) announced a new Civil Fraud Cyber Initiative to “combine the department’s expertise in civil fraud enforcement, government procurement and cybersecurity to combat new and...more

President Biden Announces Findings of Critical Supply Chain Assessment

On June 8, 2021, the White House released the findings of a 100-day assessment of critical supply chains, undertaken pursuant to President Biden’s February 2021 executive order addressing supply chain vulnerabilities. The...more

Biden Administration Orders Improvements to Cybersecurity and Federal Networks Amid Cyberattacks

On May 12, 2021, President Biden signed an executive order (EO) mandating that the federal government significantly improve cybersecurity within its networks and modernize federal cyber defenses. The EO acknowledges that the...more

Biden Administration Orders $15 Minimum Wage for Federal Contractors

On April 27, 2021, President Biden signed an Executive Order (EO) requiring federal contractors performing service, construction or concession contracts to pay a $15 minimum wage to those employees who are working on such...more

Biden Administration Orders Comprehensive Review of U.S. Supply Chain

On Feb. 24, 2021, President Joe Biden signed an executive order (EO) triggering a comprehensive review of U.S. supply chains, ordering agencies to identify ways to secure the American economy against shortages of critical and...more

Ask Those Questions: Federal Circuit Highlights Required Step for GAO Protesters Seeking Relaxed Automatic Stay Deadline in DOD...

Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing...more

The DFARS Rule on Covered Telecommunications Equipment or Services Is Final

The Department of Defense (DoD) issued a final rule on Covered Telecommunications Equipment or Services that implements Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91)....more

Biden Administration to Strengthen “Buy American” Rules

On Jan. 25, 2021, President Joseph R. Biden signed an executive order aimed at strengthening “Buy American” rules to increase the federal government’s procurement of American-made goods. According to the White House,...more

Updated FAR Clause Expands Ban on Federal Contractor Use of Certain Chinese Telecom Equipment and Services

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council published an interim rule in the Federal Register, implementing restrictions aimed at preventing telecommunications and surveillance technologies manufactured...more

Navigating the COVID-19 Challenge — Delays, Changes and Cost Recovery Under Federal Contracts

The stakes associated with successful performance by federal contractors are higher than they have ever been in a non-wartime setting. In areas ranging from pharmaceutical and medical supply, to construction, to logistical...more

Government Contracts Alert: Small Business Administration Proposes Rule Changes, Seeks Small Business Community Input

The Small Business Administration (SBA) recently announced that it has completed its review of regulations to identify those that may be revised or eliminated pursuant to President Trump’s Executive Order 13771, issued Jan....more

DOJ Launches Interagency Antitrust Procurement “Strike Force”

On Nov. 5, 2019, the Department of Justice Antitrust Division — in coordination with 13 U.S. Attorney’s offices, the FBI, the Defense Criminal Investigative Service and multiple Inspectors General — announced the formation of...more

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