Late last week, the U.S. Department of Justice (DOJ) filed its complaint-in-intervention in a qui tam lawsuit against the Georgia Institute of Technology (Georgia Tech), alleging that the university failed to meet certain...more
8/28/2024
/ Compliance ,
Controlled Unclassified Information (CUI) ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Justice (DOJ) ,
DFARS ,
Enforcement Actions ,
False Claims Act (FCA) ,
False Statements ,
Federal Contractors ,
Fraud ,
Implied Certification ,
Internal Controls ,
Invoices ,
NIST ,
Qui Tam ,
Security and Privacy Controls ,
Universities ,
US Air Force ,
Whistleblowers
On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations (Notice) in the Federal Register related to a forthcoming proposed rulemaking affecting a number of SBA's small...more
7/24/2024
/ Biden Administration ,
Business Development ,
Consultation ,
Entrepreneurs ,
Executive Orders ,
Federal Contractors ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Native American Issues ,
NPRM ,
Proposed Rules ,
Public Comment ,
SBA ,
SDVOSB ,
Small Business ,
Tribal Governments ,
WOSB
The U.S. Department of Justice (DOJ or Department) has published statistics on False Claims Act (FCA) settlements and judgments for fiscal year (FY) 2023, noting that this was the highest number of settlements and judgments...more
The Information Security Oversight Office (ISOO) released a joint notice on Oct. 5, 2023, providing clarifying guidance to agencies on facility security clearances for joint ventures in the National Industrial Security...more
The Federal Acquisition Regulatory (FAR) Council on Oct. 3, 2023, issued two proposed rules to partially implement President Biden's Executive Order on Improving the Nation's Cybersecurity. The first proposed rule imposes...more
10/5/2023
/ Cloud Computing ,
Comment Period ,
Cyber Incident Reporting ,
Cybersecurity ,
Data-Sharing ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Sharing ,
Information Technology ,
NIST ,
Proposed Rules ,
Security and Privacy Controls
The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023)...more
The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business...more
As announced by U.S. Small Business Administration (SBA) Associate General Counsel for Procurement Law John Klein in an Aug. 17, 2023, webinar, SBA has issued a press release and interim guidance regarding its implementation...more
The U.S. Department of Defense (DOD) has finalized a proposed rule authorizing the acquisition of commercial products and services using general solicitation competitive procedures known as a "commercial solutions opening"...more
8/18/2023
/ Coronavirus/COVID-19 ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Pilot Programs ,
Federal Procurement Systems ,
Innovative Technology ,
Manufacturers ,
National Security ,
NDAA ,
Supply Chain
The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more
7/25/2023
/ 8(a) Program ,
Affirmative Action ,
Due Process ,
Equal Protection ,
Federal Contractors ,
Fifth Amendment ,
Fourteenth Amendment ,
Minorities ,
Rebuttable Presumptions ,
SBA ,
Small Business ,
Statutory Authority ,
Students for Fair Admissions v Harvard College ,
USDA
The U.S. Small Business Administration (SBA) issued its final rule on April 27, 2023, implementing several changes to the ownership and control requirements for the 8(a) Business Development program. The final rule also...more
5/31/2023
/ 8(a) Program ,
Business Development ,
Certification Requirements ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
Set-Aside Contracts ,
Small Business ,
WOSB
The U.S. Small Business Administration (SBA) issued a final rule on June 6, 2022, making significant changes to its methodology for calculating the size of certain businesses. The rule becomes effective July 6, 2022....more
The White House has announced key government-wide initiatives for the coming year that are focused on long-term domestic supply chain resilience. On the one-year anniversary of President Joe Biden's Executive Order (EO) 14017...more
To what extent does a completed or imminent corporate transaction affect a government contractor's ability to compete for award of an opportunity in its pipeline? What steps can a contractor take to prevent a contemplated...more
The Indian Health Service (IHS), an agency within the U.S. Department of Health and Human Services (HHS), published its Final Rule governing implementation of the Buy Indian Act (87 FR 2067) on Jan. 13, 2022. These Buy Indian...more
President Joe Biden issued an Executive Order on Catalyzing Clean Energy Industries and Jobs through Federal Sustainability on Dec. 8, 2021, emphasizing the federal government's role and initiative "[a]s the single largest...more
12/16/2021
/ Biden Administration ,
Carbon Emissions ,
Climate Change ,
Electricity ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
General Services Administration (GSA) ,
Green Cars ,
Greenhouse Gas Emissions ,
Net Zero ,
Sustainability
U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the vaccine mandate on all federal landlords and their...more
12/9/2021
/ Administrative Procedure Act ,
Biden Administration ,
Commercial Leases ,
Constitutional Challenges ,
Contract Terms ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Landlords ,
OMB ,
Preliminary Injunctions ,
Public Procurement Policies ,
Scope of Authority ,
Subcontractors ,
Vaccinations
U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on all federal...more
With the announcement of a revamped Cybersecurity Maturity Model Certification (known as CMMC 2.0),1 for the third time in five years, the U.S. Department of Defense (DOD) announced new, comprehensive cybersecurity standards...more
12/8/2021
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Interim Final Rules (IFR) ,
National Security ,
NIST ,
Popular ,
Qui Tam
U.S. District Court Judge Gregory Van Tatenhove of the Eastern District of Kentucky on Nov. 30, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on federal...more
12/2/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Preliminary Injunctions ,
Scope of Authority ,
Subcontractors ,
Tenth Amendment ,
Vaccinations
In the ever-shifting landscape surrounding the landlord (and contractor) vaccine mandate, a federal judge has ruled against the federal government and issued a preliminary injunction that prohibits enforcement of the vaccine...more
12/2/2021
/ Biden Administration ,
Commercial Leases ,
Constitutional Challenges ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Landlords ,
OSHA ,
Preliminary Injunctions ,
Scope of Authority ,
Tenth Amendment ,
Vaccinations
The Biden Administration on Nov. 4, 2021, announced that it is revising the deadline for the federal contractor vaccination requirement from Dec. 8, 2021, to "no later than January 4, 2022." The White House is revising the...more
The Safer Federal Workforce Task Force released updated Frequently Asked Questions (FAQs) for Federal Contractors on Nov. 1, 2021, regarding its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors...more
11/4/2021
/ Affiliates ,
Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Discipline ,
Employer Mandates ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Good Faith ,
Masks ,
New Guidance ,
Public Employees ,
Public Employers ,
Reasonable Accommodation ,
Religious Accommodation ,
Safety Precautions ,
SBA ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Workplace Safety
Over the past two weeks, the long-expected vaccine mandate for government contractors and landlords has been issued and is being implemented at a rapid pace. First, on Sept. 9, 2021, President Joe Biden issued an Executive...more
10/19/2021
/ Biden Administration ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Landlords ,
Public Contracts ,
Subcontractors ,
Vaccinations ,
Workplace Safety
Earlier this week, the U.S. Department of Justice (DOJ) announced the launch of its new Civil Cyber-Fraud Initiative — an effort designed to harness the department's knowledge in civil fraud enforcement, government...more
10/11/2021
/ Biden Administration ,
Certification Requirements ,
Corporate Counsel ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Justice (DOJ) ,
DFARS ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
Whistleblowers