A wave of executive orders from the Trump administration is rapidly reshaping the landscape for federal contractors, with sweeping changes to U.S. foreign aid, diversity initiatives, and gender policy....more
4/7/2025
/ Contract Disputes ,
Contract Termination ,
Contract Terms ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Government Agencies ,
Regulatory Reform ,
Risk Management ,
Stop Work Orders ,
Trump Administration
On June 6, 2024, the U.S. Small Business Administration (SBA) published a direct final rule eliminating self-certification for service-disabled veteran-owned small businesses (SDVOSB) when considering contracts for agency...more
When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more
6/6/2024
/ Breach of Contract ,
Construction Industry ,
Contract Terms ,
Cybersecurity ,
Damages ,
DFARS ,
Equitable Relief ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hackers ,
Prime Contractor ,
Security and Privacy Controls ,
Subcontractors ,
Summary Judgment ,
Supply Chain
On January 29, 2024, the Biden administration announced a series of pay equity and transparency initiatives. One initiative comes in the form of a proposed rule to amend the Federal Acquisition Regulation (FAR) to (1)...more
2/1/2024
/ Anti-Retaliation Provisions ,
Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Solicitation ,
Hiring & Firing ,
Job Ads ,
Pay Equity Laws ,
Professional Services Contract ,
Proposed Rules ,
Salary/Wage History ,
Service Contract Labor Standards (SCLS) ,
Subcontractors ,
Transparency
Government contractors often "flow down" contract clauses from the Federal Acquisition Regulation (FAR) and its supplements to their subcontractors, including clauses related to changes (e.g., FAR 52.243-1) and excusable...more
One of the primary benefits of the federal government’s Other Transaction Authority (OTA) is that it avoids delays, regulatory burdens, and expenses associated with the Federal Acquisition Regulation (FAR) and agencies’ FAR...more
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community.
President Signs Fiscal Responsibility Act Suspending Debt Ceiling:
The...more
6/20/2023
/ Biden Administration ,
Cybersecurity ,
Debt Ceiling ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
General Services Administration (GSA) ,
Interim Rule ,
Multiple Award Schedule (MAS) ,
NDAA ,
NIST ,
Objective Standard ,
Popular ,
SBA ,
TikTok ,
US ex rel Tracy Schutte et al v SuperValu Inc et al ,
Vaccinations
Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more
6/19/2023
/ Bid Protests ,
Court of Federal Claims ,
Federal Contractors ,
GAO ,
General Solicitation ,
Jurisdiction ,
Motion to Dismiss ,
Patents ,
Statutory Authority ,
Subject Matter Jurisdiction ,
Tucker Act ,
Waivers
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
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
Teaming agreements are a common, beneficial, and sometimes necessary way for industry to come together and meet the federal government’s needs. But the devil is in the details. A recent decision from the U.S. District Court...more
12/2/2022
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FEMA ,
Fraud ,
General Services Administration (GSA) ,
General Solicitation ,
Joint Venture ,
Material Misrepresentation ,
Misrepresentation ,
Partnerships ,
Prime Contractor ,
Subcontractors ,
Teaming Agreements
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
In accordance with the Biden administration's Federal Sustainability Plan, on November 14, 2022, President Biden proposed the Federal Supplier Climate Risks and Resilience Rule. The goal of the proposal, as described by the...more
11/16/2022
/ Biden Administration ,
Climate Change ,
Comment Period ,
Disclosure Requirements ,
Federal Contractors ,
Greenhouse Gas Emissions ,
Material Suppliers ,
Proposed Rules ,
Suppliers ,
Supply Chain ,
Task Force on Climate-related Financial Disclosures (TCFD)
The Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), and federal courts have addressed several important claims issues this year. Listen as attorneys from Venable's Government...more
The U.S. Government Accountability Office (GAO) and federal courts have addressed several important issues this year. Join attorneys from Venable's Government Contracts Group for an overview of the most important decisions in...more
U.S. contractors with global operations are likely aware of the significant restrictions imposed by the federal government in response to the Russian invasion of Ukraine, in the form of new sanctions, allied trade embargoes,...more
Though we are not yet halfway through 2022, the COFC has issued two decisions that highlight divergent views from GAO precedent regarding the availability of key personnel and whether there is a presumption that an Agency...more