The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'...more
10/8/2024
/ Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation
Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community.
The federal government took several noteworthy actions in the...more
1/15/2024
/ Bid Protests ,
Biden Administration ,
China ,
Conflicts of Interest ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Federal Contractors ,
Final Rules ,
GAO ,
NDAA ,
Procurement Guidelines ,
Proposed Rules ,
Service Contracts
The end of the calendar year once again sees Congress rapidly approaching the holiday finish line with unresolved business. From most indications, however, members will successfully send a defense authorization bill to...more
On June 1, 2023, the U.S. Supreme Court issued a unanimous opinion in United States ex rel. Schutte v. SuperValu Inc. reversing a pair of False Claims Act (FCA) cases on review from the Seventh Circuit Court of Appeals. In...more
6/7/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Fraud ,
Medicaid ,
Medicare ,
Objective Falsity ,
Objective Standard ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Qui Tam ,
Reasonable Interpretations ,
Scienter ,
SCOTUS ,
Subjective Standard ,
Universal Health Services Inc v United States ex rel Escobar ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
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
One hundred sixty years ago, Congress passed the False Claims Act (FCA) in response to widespread fraud committed against the United States government during the Civil War. Known as the "Lincoln Law," the FCA was originally...more
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
2/7/2023
/ Biden Administration ,
Climate Change ,
Environmental Policies ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Greenhouse Gas Emissions ,
National Emissions Standards ,
Proposed Rules ,
Public Comment ,
Public Procurement Policies ,
Public Projects ,
Public Property ,
Real Estate Development
Chinese semiconductors are ubiquitous within the United States and its private- and public-sector supply chains. To contend with the attendant national security and economic risks (whether real or perceived), Congress...more
1/16/2023
/ Bipartisan Agreement ,
Chamber of Commerce ,
China ,
Compliance ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
National Security ,
NDAA ,
Popular ,
Proposed Legislation ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
Trade Associations
In the midst of the year-end legislative push, Congress last week passed S. 3905, the "Preventing Organizational Conflicts of Interest in Federal Acquisition Act." This "good government" law requires the Federal Acquisition...more
With little room left on the calendar, this week Congress passed, and sent to President Biden’s desk, the National Defense Authorization Act (“NDAA”) for Fiscal Year 2023. As we previewed in an earlier alert, Congress...more
Veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs) looking to contract with the federal government will be subject to new certification requirements beginning January 1, 2023,...more
Congress returned this week from the Thanksgiving holiday to face a full agenda and a short runway to "keep the lights on" in the federal government.
In late September, President Biden signed a continuing resolution that...more