The National Institute of Standards and Technology ("NIST") recently updated its 2020 Privacy Framework 1.0 to include artificial intelligence ("AI") risk management....more
A government contractor challenged a U.S. Department of Labor ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") enforcement scheme in federal court as violating the United States Constitution. The contractor...more
12/6/2024
/ Administrative Law Judge (ALJ) ,
Article II ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Authority ,
Federal Contractors ,
OFCCP ,
Removal For-Cause ,
SEC v Jarkesy ,
Wage and Hour
On December 26, 2023, the Department of Defense ("DoD") published a proposed rule to implement the Cybersecurity Maturity Model Certification ("CMMC") 2.0, which will establish comprehensive cybersecurity requirements for...more
In Short -
The Situation: The U.S. Department of Commerce ("Commerce") recently published a proposed rule to implement the Creating Helpful Incentives to Produce Semiconductors ("CHIPS") Act, a domestic manufacturing...more
In response to pressure from Congress, OFCCP has extended the deadline for contractors to object to disclosure of EEO-1 reports and opened the door for new objections....more
The OMB has issued memorandum M-22-18 with new security requirements (the "Rules") requiring federal agencies to ensure that all third-party software they use complies with secure software development standards and guidance...more
On September 6, 2022, the U.S. Department of Commerce ("Commerce") released its implementation strategy for the Creating Helpful Incentives to Produce Semiconductors ("CHIPS") for America Fund, outlining how Commerce will...more
The U.S. Department of Justice announces an initiative targeting cybersecurity-related fraud by government contractors and grant recipients.
On October 6, 2021, the U.S. Department of Justice ("DOJ") announced a new Civil...more
Overview As previously discussed here, pursuant to Executive Order 14026 signed by President Biden on April 27, 2021, the Department of Labor ("DOL" or "Department") recently published a notice of proposed rulemaking titled...more
The Biden administration's newly proposed rule would increase Buy American Act requirements and impose new reporting obligations. On July 30, 2021, the Biden administration issued a proposed rule to amend the Federal...more
Executive Order directs whole-of-government approach and broad regulatory effort.
On May 20, 2021, President Biden issued an Executive Order ("Order") directing agencies to analyze and mitigate "climate-related financial...more
The Situation: On May 12, 2021, President Biden issued an "Executive Order on Improving the Nation's Cybersecurity," which calls for "bold" and extensive action designed to update and standardize requirements and procedures...more
The Situation: President Biden signed an executive order ("Minimum Wage EO" or "EO") seeking to raise the federal minimum wage for government contractor employees, beyond the statutory minimum wage provided by Congress, to...more
The General Services Administration ("GSA") is including language regarding cybersecurity requirements in requests for proposals relating to certain IT governmentwide acquisition contracts ("GWACs"). Certain requirements will...more
The Situation: On January 25, 2021, President Biden signed an Executive Order titled "Ensuring the Future is Made in All of America by All of America's Workers" ("Made in America EO" or "EO"). The Made in America EO...more
The Situation: Challenges to the scope of an agency's corrective action are notoriously hard to win at the U.S. Government Accountability Office ("GAO") because of the high level of deference normally afforded to agencies in...more
The Situation: The U.S. Government Accountability Office ("GAO") recently sustained a bid protest concluding that a company was ineligible for award because of "key personnel unavailability." Although the employee remained...more
The Situation: The Federal District Court for the District of Arizona recently dismissed MD Helicopters' Other Transaction ("OT") protest for lack of jurisdiction. The court reasoned that, although the OT was not a...more
The Situation: The U.S. Government Accountability Office ("GAO") recently released its annual Bid Protest Report.
The Result: The report contains a wealth of information about bid protests, including statistics and...more
In a recently released decision, the Court of Federal Claims held that the court did not have Tucker Act jurisdiction to resolve a bid protest challenging the award of Other Transaction Agreements ("OTAs"). In this case of...more
The Situation: Two new Government Accountability Office ("GAO") bid protest decisions discuss when it is appropriate to rely on the past performance or experience of a contractor's teaming partners, and what types of...more
The Situation: The Government Accountability Office (GAO) recently held that a bid need not contain all of the information listed in the Federal Acquisition Regulation (FAR clause 52.225-9) to qualify for the "unreasonable...more
In our February 2018 Alert, Jones Day explained that the 2018 National Defense Authorization Act ("NDAA") contained a requirement that the Secretary of Defense implement new rules for enhanced debriefings for certain types of...more
The Situation: The 2018 National Defense Authorization Act requires that the Secretary of Defense implement new rules for enhanced debriefings for certain types of acquisitions.
The Result: Once implemented, the enhanced...more
2/12/2018
/ Bid Protests ,
Debriefing ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
GAO ,
NDAA ,
New Guidance ,
New Rules ,
RAND ,
Transparency
In our December 2016 Commentary on the "Government Contracts Ramifications of the Trump Election" and our January 2017 update, we predicted that the Trump Administration would seek to strengthen domestic preferences in...more
5/4/2017
/ Buy America ,
Buy American Act ,
Domestic Hiring Policy ,
Executive Orders ,
Federal Contractors ,
Public Interest Waivers ,
Public Procurement Policies ,
Steel Industry ,
Subcontractors ,
Supply Chain ,
Trump Administration ,
USTR ,
WTO