The third quarter had government contractors staring down the possibility of a government shutdown while also contending with some significant regulatory developments. We review some of those developments below....more
On August 14, 2023, the Office of Management and Budget (OMB) released final guidance on implementing the statutory requirements of the Build America, Buy America Act (BABA) provisions of the Infrastructure Investment and...more
From increased cybersecurity requirements to updated Inflation Reduction Act guidance, to a long-awaited Supreme Court decision on the False Claims Act, federal contractors had a lot to think about during the second quarter...more
On June 2, 2023, the FAR Council issued an interim final rule banning the use of a ByteDance Covered Application — better known as TikTok — in government contracting. The interim final rule implements OMB Memorandum M-23-13...more
The first few months of 2023 has brought not only regulatory changes to the government contractor landscape, but also the possibility for new business opportunities in semiconductors, green procurement and infrastructure...more
Federal sustainability is a priority for the Biden administration. The administration has, for example, provided unprecedented levels of funding for sustainable infrastructure projects through the Inflation Reduction Act...more
Government contractors witnessed significant developments ranging from infrastructure, sustainability, supply chain, and cyber security requirements to increased compliance obligations and enforcement actions in 2022. Here we...more
1/4/2023
/ Coronavirus/COVID-19 ,
Davis-Bacon Act ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OFCCP ,
Paycheck Protection Program (PPP) ,
Popular ,
Project Labor Agreements
Executive Order 14057 — “Catalyzing Clean Energy Industries and Jobs through Federal Sustainability” — made it clear that the Biden administration plans to use federal procurement policy to further its sustainability goals....more
All eyes have been on Ukraine since Russia launched its military invasion two months ago. The U.S. government has imposed numerous sanctions on Russia in response to the invasion and promises to continue its economic...more
On July 30, 2021, the Federal Acquisition Regulation (FAR) Council issued a proposed rule to amend the FAR to implement Section 8 of President Biden’s “Made in America” executive order, EO 14005, and strengthen the Buy...more
This edition of the “Government Contracts Regulatory and Legislative Update” offers a summary of and insight into the relevant industry developments that occurred during the month of February....more
3/11/2021
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
FCC ,
Federal Contractors ,
NDAA ,
OMB ,
Paycheck Protection Program (PPP) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
SBA ,
Small Business ,
TCPA
With the Biden administration’s transition into power last week, federal contractors can finally rejoice about the end of a tumultuous 2020, which brought a global pandemic and a flurry of last-minute procurement policy...more
On October 26, 2020, the U.S. Small Business Administration (SBA) issued a notice that it is seeking approval from the Office of Management and Budget (OMB) to collect and use certain borrower information to evaluate the...more
On August 3, 2020, President Donald Trump signed an executive order and released a related fact sheet in furtherance of the White House’s continued efforts to ensure that federal agencies focus on using United States labor in...more
The Small Business Administration (SBA) issued a new Interim Final Rule on May 18, 2020 that supplements previous SBA rules and provides additional guidance on eligibility requirements under the Paycheck Protection Program...more
On Friday, April 24, 2020, President Trump signed into law the Paycheck Protection Program and Health Care Enhancement Act, the fourth in a series of coronavirus relief bills. The new law provides supplemental funding for the...more
Under the CARES Act, approximately $350 billion in forgivable loans for small businesses is available through the Paycheck Protection Program (PPP). Loans issued through the PPP are designed to provide a direct incentive for...more
At the behest of 57 Democratic members of Congress, President Donald Trump announced on March 18 that he will invoke the Defense Production Act (DPA) of 1950 (P.L. 81-774, 50 U.S.C. §§4501 et seq.), as amended. In this...more
On February 20, 2020, the Department of Homeland Security (DHS) announced that, effective immediately, it is waiving procurement laws related to the U.S. border wall construction. The unprecedented step is the Trump...more
On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision clarifying the interpretation of the Trade Agreements Act (TAA) and the Federal Acquisition Regulations (FAR) with respect to...more
Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary of and insight into the relevant industry developments that occurred during the previous month.
Executive Orders -...more
12/5/2019
/ Department of Defense (DOD) ,
Department of Labor (DOL) ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Fixed Price Contracts ,
HUBZone ,
MACs ,
Mentor-Protege Program ,
NDAA ,
OFCCP ,
Proposed Rules ,
Revocation ,
Right of First Refusal ,
SBA ,
Service Contracts ,
Trump Administration ,
USAID
Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary of and insight into the relevant industry developments that occurred during the previous month.
Regulations -
The FAR...more
11/18/2019
/ Comment Period ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
LPTA ,
NDAA ,
Procurement Guidelines ,
Proposed Rules ,
Rulemaking Process ,
SBA
President Donald Trump’s most recent effort to maximize the use of goods, products, and materials produced in the United States through proposed changes to and enforcement of the regulations implementing the Buy American Act...more
7/25/2019
/ America First Trade Policy ,
Buy America ,
Buy American Act ,
Construction Project ,
Domestic Hiring Policy ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Infrastructure ,
Procurement Guidelines ,
Steel Industry ,
Supply Chain ,
Trump Administration ,
US Trade Policies
Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary and insight into the relevant industry developments that occurred during the previous month.
Regulations -
DoD Issues...more
7/16/2019
/ Comment Period ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
NAICS ,
NDAA ,
Non-Manufacturer Rule (NMR) ,
Proposed Rules ,
SBA ,
Small Business ,
Subcontractors ,
Telecommunications
On May 7, 2019, the Department of Justice issued important guidance on the type of cooperation that is eligible for credit in False Claim Act (FCA) investigations. The guidance, formally codified in the Justice Manual Section...more