The US Department of Defense (DoD) has issued a new proposed rule for implementing the next iteration of the Cybersecurity Maturity Model Certification (CMMC) 2.0 program. This action drives forward the DoD’s plans to bolster...more
The US Supreme Court on June 28 overruled longstanding precedent and expanded the ability of government contractors to challenge agency interpretations and applications of certain statutes. In Loper Bright Enterprises v....more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NDAA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The US Department of Justice’s recent prosecution of Cambridge International Systems Inc. illustrates its ongoing pursuit of corporate criminal enforcement in the defense arena....more
The US Supreme Court’s June 26 ruling in Snyder v. United States clarified that the primary federal law regulating state and local corruption, 18 USC § 666, does not bar state and local officials from accepting...more
The Federal Acquisition Regulatory Council (FAR Council), the body charged with drafting the regulations affecting government contracts, recently released an advanced notice of proposed rulemaking outlining how it will...more
Thanks to the 2021 Bipartisan Infrastructure Law, billions of dollars of government funding are available for electric vehicle (EV) charging projects as part of an effort to supercharge EV adoption in the United States. Two...more
Federal contractors and subcontractors may soon be required to disclose certain compensation and benefits information in job postings that will support federal contract work, and they may be barred from considering job...more
At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more
US President Joseph Biden recently signed the National Defense Authorization Act for Fiscal Year 2024 into law. Implications for government contractors range from new restrictions on greenhouse gas emissions certifications to...more
President Joseph Biden issued an executive order on October 30 designed to protect against the risks of artificial intelligence (AI) while encouraging the global growth and expansion of AI development and use....more
The US Department of Justice (DOJ) announced a recent $4 million settlement of False Claims Act (FCA) allegations regarding a contractor’s failure to meet certain cybersecurity requirements, noting that its Civil Cyber-Fraud...more
The US Congress must agree on a new budget by midnight on September 30, 2023 to support the US federal government’s new fiscal year on October 1. With a shutdown appearing to be on the horizon, countless federal programs will...more
The US Small Business Administration (SBA) temporarily suspended new application submissions to its 8(a) Business Development program, and it will require many existing participants to explain why they qualify for the program...more
Federal contractors’ fitness for the job may soon be tied to more detailed disclosures of their greenhouse gas emissions and plans to reduce them. A newly proposed amendment to the Federal Acquisition Regulation (FAR) would...more
The Biden-Harris administration’s amendments to the domestic preference requirements in Federal Acquisition Regulation Part 25 become effective on October 25. The new requirements will increase the domestic content threshold...more
The US Department of Defense issued a memorandum this month refining its guidance on inflation-related economic price adjustments for contractors with existing firm-fixed-price contracts. The updated guidance provides new...more
On September 22, the US Department of Energy’s (DOE) Office of Clean Energy Demonstrations issued a Funding Opportunity Announcement (FOA) to solicit applications for funding to establish regional clean hydrogen hubs (H2Hub)...more
The Department of Defense issued an interim rule amending the Defense Federal Acquisition Regulation Supplement to require bidders on defense contracts to disclose when work will be performed in the People’s Republic of...more
In a recent dispute, the United States argued that the Court of Federal Claims lacked jurisdiction to review any disputes concerning Other Transaction Authority (OTA) agreements, and that it is “conceivable” that no court had...more
The new Inflation Reduction Act includes a $27 billion Greenhouse Gas Reduction Fund that will support competitive grants to national and local “green banks,” which will use the money to invest in projects and innovations...more
In Zafer Construction Company v. United States, the US Court of Appeals for the Federal Circuit reaffirmed that a request for equitable adjustment by a contractor will be treated as a “claim” within the meaning of the...more
The US House of Representatives recently passed HR 7694, the Strengthening Subcontracting for Small Businesses Act of 2022, which aims to amend the Small Business Act to require the federal government to consider prior...more
Companies should evaluate their prospective employees, especially former government officials, for potential ethics violations. The US Department of Homeland Security (DHS) announced April 12 that Kenneth J. Buck, a former...more
Physician Partners of America LLC, a physician practice management company, denies that it violated the False Claims Act by billing Federal health care programs for medically unnecessary testing, among other allegations. The...more