The Department estimates that the changes will affect approximately 4.3 million employees in the first year of implementation and cost employers $803 million over the first 10 years of implementation.
Under a two-step...more
In response to the 2024 National Defense Authorization Act (NDAA), the Department of Defense (DoD) issued a class deviation postponing the proposed requirement to disclose greenhouse gas emissions.
On November 14, 2022, the...more
The Federal Acquisition Regulatory Council has issued a far-reaching proposed rule that requires significant greenhouse gas reporting and emission reduction obligations for federal contractors.
Most federal contractors,...more
The Federal Acquisition Regulatory Council recently issued a far-reaching proposed rule that includes significant compliance obligations for contractors related to their greenhouse gas emissions.
Most federal contractors,...more
The Court will decide whether the government can dismiss qui tam actions after initially declining to intervene and what standard courts should apply to the government’s dismissal request.
The Supreme Court agreed to...more
The federal government, led by the U.S. Department of Labor, is moving forward on implementing the provisions of President Biden’s Executive Order 14026, which was signed in April 2021. Most new federal government contracts...more
The Safer Federal Workforce Task Force recently issued guidance that requires the vast majority of prime contractors and subcontractors to ensure that their covered contractor employees, including those working remotely, are...more
9/30/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Through a proposed rule published on July 22, 2021, the Department of Labor is implementing Executive Order 14026. The new rule and Executive Order will require federal service, construction contractors and subcontractors to...more
7/28/2021
/ Biden Administration ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Minimum Wage ,
New Rules ,
Service Contract Act ,
Wage and Hour
GSA issues new regulations requiring certification as to foreign ownership and foreign financing of high-security leased space.
Effective June 30, 2021, GSA has adopted new regulations mandating the disclosure of foreign...more
Federal government lessees seeking to occupy high-security spaces in foreign-owned buildings will be required to obtain complete beneficial ownership and impose access restrictions on owners and property managers.
The...more
1/8/2021
/ Anti-Money Laundering ,
CFIUS ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Data Security ,
Department of Homeland Security (DHS) ,
Disclosure Requirements ,
Espionage ,
Foreign Investment ,
Foreign Ownership ,
GAO ,
National Security ,
Property Managers ,
Security Risk Assessments
The U.S. Government spends billions annually on procuring goods and services, frequently using streamlined methods.
As one of the largest owners and lessees of real property in the country, the U.S. Government may be an...more
6/10/2020
/ Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Transportation (DOT) ,
Federal Aviation Administration (FAA) ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Goods or Services ,
Medical Supplies ,
Military Goods ,
NASA ,
Re-Opening Guidelines ,
Supply Chain ,
Supply Contracts
The Armed Services Board of Contract Appeals rules against the government on summary judgment but reminds offerors of the importance of understanding this key procurement law.
The Procurement Integrity Act (PIA) governs...more
Varied Executive Orders, in increasing numbers, have closed nonessential businesses and services across the country, with a variety of implications for government contractors.
An increasing number of States—now numbering...more
As state and local governments issue shelter in place directives that keep workers at home and close production lines, businesses advocating to remain open should consider whether the Defense Production Act supports their...more
As a result of the COVID-19 pandemic, President Trump invoked his wartime authority under the Defense Production Act (the Act) to fulfill orders deemed necessary for national defense.
The Act allows the federal government...more
The Armed Services Board of Contract Appeals (ASBCA) reduced its docket for the fifth consecutive year, signaling potentially faster appeals for contractors. The ASBCA also continued to resolve matters through alternate...more
On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4.
When preparing reverse-FOIA submissions, a...more
10/21/2019
/ Department of Justice (DOJ) ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
New Guidance ,
Private Commercial or Financial Information ,
Public Disclosure ,
Public Records ,
Technology Transfer Agreements ,
Trade Secrets ,
Trade Secrets Protection Act of 2014
For many years, lessors of space to the federal government have struggled with the remedies available to them when the government continues to occupy the space after the expiration of the lease. Such “holdover” tenancies...more
6/11/2019
/ Board of Contract Appeals ,
Breach of Duty ,
Commercial Leases ,
Commercial Tenants ,
Damages ,
Duty To Notify ,
Eviction ,
Fair Market Value ,
Federal Contractors ,
Holdover Occupants ,
Landlords ,
Popular ,
State Contractors ,
USPS
The Section 809 Panel has issued a series of recommendations to the DoD. This second installment of Pillsbury’s Section 809 Alerts focuses on recommendations to better align DoD’s acquisition process with the private...more
For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities.
Proposed supply chain diligence...more
11/21/2017
/ Acquisitions ,
Cybersecurity ,
Department of Defense (DOD) ,
Due Diligence ,
E-Commerce ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
National Security ,
NDAA ,
Section 103 ,
Subcontractors ,
Supply Chain ,
Vendors
Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages. ...more
9/21/2017
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Chilling Effect ,
Damages ,
Davis-Bacon Act ,
Equal Access to Justice Act ,
False Claims Act (FCA) ,
Federal Contractors ,
Treble Damages ,
Underpayment
In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more
The United States Court of Federal Claims, in a decision issued February 10, 2015, dismissed the bid protest complaint filed in Universal Marine Company, K.S.C. v. United States, No. 14-1115C because the protester was not...more
On November 8, 2013, the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor proposed a new rule which, if adopted, will require employers to electronically report injury and illness data on a...more