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November 2023 Government Contracts Roundup

As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid...more

New FAR Clause Implements TikTok Ban for Federal Contractors

The federal government's most recent TikTok ban is both simple and complex. The prohibition bans federal contractors from using or even installing the TikTok app on covered information technology (IT) devices....more

New DFARS Rule Increases Buy American Act Content Thresholds for DOD Contracts

The Department of Defense (DOD) has proposed an updated rule in the Defense Federal Acquisition Regulation Supplement (DFARS) to increase Buy American Act content thresholds for federal government contractors under DOD...more

Department of Defense Expands Scope of Specialty Metals Restriction

In recent years, the government contracts space has seen an increased scrutiny of procurements from certain countries, especially the People's Republic of China. A prominent example is Section 889 of the National Defense...more

CHIPS Act Rollout Continues as Commerce Department Proposes National Security "Guardrails" on Incentives Program and Flexes...

In its continuing efforts to strengthen the United States' hand in its ongoing international economic bout with China, the Biden Administration's Department of Commerce last week issued a Notice of Proposed Rulemaking (NPRM)...more

U.S. Department of Commerce Issues First Notice of Funding Opportunity for CHIPS and Science Act

On February 28, 2023, the U.S. Department of Commerce issued the first Notice of Funding Opportunity under the CHIPS and Science Act, a 2022 law designed to increase the competitiveness of U.S. semiconductor manufacturing....more

OMB Proposes New Buy America Regulations for Federal Grant Recipients Participating in Infrastructure Projects, but Leaves Many...

While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the “Uniform...more

Commercial Solutions Openings Are Here to Stay: What That Means for Federal Contractors

On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). The proposal would...more

An Upcoming Proposal Will Impact Federal Acquisition of Real Estate - But How?

As part of his administration's all-of-government response to climate concerns, on December 8, 2021 President Biden issued Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal...more

Long-Awaited Protections for Intellectual Property Could Have Significant Implications for Federal Government Contractors

The Protecting American Intellectual Property Act of 2022—passed by the Senate on December 20, 2022 and signed by the President on January 5, 2023—aims to protect American IP interests by imposing sanctions on certain foreign...more

Notable Bid Protest Decisions, October and November 2022

The United States Government Accountability Office ("GAO") sets a high bar for those pursuing bid protests before it. The ratio of protests sustained to protests dismissed or denied is heavily tilted toward the latter....more

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