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Preparing for an Impending Government Shutdown: Legal Hurdles for Federal Contractors

It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal...more

Navigating the Debt Ceiling: Legal Issues for Federal Contractors

With congressional leaders and the Biden administration still in negotiations over raising the nation’s debt ceiling, unless Congress acts quickly, there is a reasonable likelihood the United States could run out of money to...more

Largest-Ever Small-Business Contracting Fraud Settlement Related to Pass-Through Subcontracting

Federal contractors should take note of a recent, record-setting False Claims Act (FCA) settlement between the Department of Justice (DOJ) and TriMark USA LLC involving alleged fraud with respect to small-business set-aside...more

Biden Administration Amends “Buy American” Rules to Increase Domestic Content Requirements

On March 7, 2022, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing...more

CMMC 2.0: Department of Defense Revamps Cybersecurity Maturity Model Certification Program

On November 4, 2021, the Department of Defense (DoD) announced significant changes to the strategic direction of the Cybersecurity Maturity Model Certification (CMMC) program. Specifically, DoD stated that the goal of these...more

President Biden Announces Findings of Critical Supply Chain Assessment

On June 8, 2021, the White House released the findings of a 100-day assessment of critical supply chains, undertaken pursuant to President Biden’s February 2021 executive order addressing supply chain vulnerabilities. The...more

Biden Administration Orders $15 Minimum Wage for Federal Contractors

On April 27, 2021, President Biden signed an Executive Order (EO) requiring federal contractors performing service, construction or concession contracts to pay a $15 minimum wage to those employees who are working on such...more

Biden Administration Orders Comprehensive Review of U.S. Supply Chain

On Feb. 24, 2021, President Joe Biden signed an executive order (EO) triggering a comprehensive review of U.S. supply chains, ordering agencies to identify ways to secure the American economy against shortages of critical and...more

Ask Those Questions: Federal Circuit Highlights Required Step for GAO Protesters Seeking Relaxed Automatic Stay Deadline in DOD...

Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing...more

Updated FAR Clause Expands Ban on Federal Contractor Use of Certain Chinese Telecom Equipment and Services

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council published an interim rule in the Federal Register, implementing restrictions aimed at preventing telecommunications and surveillance technologies manufactured...more

Navigating the COVID-19 Challenge — Delays, Changes and Cost Recovery Under Federal Contracts

The stakes associated with successful performance by federal contractors are higher than they have ever been in a non-wartime setting. In areas ranging from pharmaceutical and medical supply, to construction, to logistical...more

3rd Circuit Case of First Impression Clarifies Lower Threshold for FCA Actions

Government contractors should take note of a March 4, 2020, ruling by the 3rd U.S. Circuit Court of Appeals (Court) that lowers the jurisdictional threshold for establishing a claim under the False Claims Act (FCA)....more

DOJ Launches Interagency Antitrust Procurement “Strike Force”

On Nov. 5, 2019, the Department of Justice Antitrust Division — in coordination with 13 U.S. Attorney’s offices, the FBI, the Defense Criminal Investigative Service and multiple Inspectors General — announced the formation of...more

New GAO Protest Rules Take Effect May 31

On May 31, 2018, two new rules go into effect that impact the U.S. Government Accountability Office’s (GAO’s) jurisdiction to hear protests of task orders and delivery orders issued pursuant to multiple-award...more

New GAO Bid Protest Rules Take Effect May 1 — What Contractors Need to Know

Beginning May 1, 2018, all bid protests (except protests containing classified material) must be filed electronically through the Government Accountability Office’s new Electronic Protest Docketing System (EPDS). Along with...more

DoD Cyber Compliance Deadline Fast Approaching – Here’s What Government Contractors Need to Know

U.S. Department of Defense (DoD) contractors face new cybersecurity compliance requirements, including a significant deadline set for December 31, 2017. Most DoD contracts now include clauses imposing obligations on...more

PII Training Required for Government Contractors, Effective Jan. 19

Beginning January 19, federal government contracts will contain additional training requirements for contractors who deal with personally identifiable information (PII) or with a system of records....more

Intellectual Property in Government Contracts – Landmines Abound

Intellectual property is often a company’s most valuable asset. For companies with federal government customers, following the government’s rules can mean the difference between maximizing and losing value in newly developed...more

Planning for a Government Shutdown

As described in detail in a recent Washington Update, there is once again a reasonable likelihood that we are headed for a government shutdown beginning Thursday, October 1. This article puts aside politics to focus on the...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

Supreme Court Will Hear Government Contracts Case on Veteran Business Preferences

Well, it doesn’t happen very often, but the Supreme Court has agreed to hear a government contracts case! The Supreme Court granted certiorari on June 22, 2015, and will hear an appeal from the Court of Appeals for the...more

New Human Trafficking Rules: Broad Scope, Uncertain Application

Contractors already have begun to notice the inclusion of the new human trafficking FAR contract clause, required to be incorporated into all new federal government contracts. The rule imposes affirmative duties on federal...more

Drones: New Technology, New Opportunity?

The guidance states that drones recently “have emerged as a viable law enforcement tool.” In addition to affirming DOJ’s commitment to civil rights and privacy laws, the guidance imposes rules on who can order drone support...more

Proposed FAR Changes To Implement SBA Small Business Subcontracting Rules

DOD, GSA, and NASA have proposed a number of changes to the FAR to implement changes made by the Small Business Administration in 2013 regarding small business subcontracting goals and plans. While the proposed FAR changes...more

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