The U.S. Office of Management and Budget (OMB) has now established a page addressing “Agency Contingency Plans” with myriad links to the plans for a variety of agencies. The OMB webpage also links to FAQs that address what is…
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/ Administrative Law, Government Contracting
The AbilityOne Program, established by the Javits-Wagner-O’Day (JWOD) Act in 1971, requires federal government agencies to procure certain products and services from community-based nonprofit agencies that employ individuals who…
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/ Government Contracting
The Inflation Reduction Act (IRA) is one of the most ambitious pieces of legislation yet aimed at combating climate change and promoting energy independence. Its proponents claim that it will reduce carbon emissions by 40%,…
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/ Energy & Utilities, Government Contracting, Taxation
On December 1, 2022, the Federal Acquisition Regulatory Council (comprised of both the civilian and military acquisition regulatory councils) issued the final FAR rule on “Effective Communication between Government and…
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/ Government Contracting
Fiscal Year 2023 started on October 1 and, without a final set of Department of Defense (DoD) authorizations and appropriations, the DoD currently is operating under continuing resolution. A version of the National Defense…
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/ Commercial Law & Contracts, Government Contracting
The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment. Under the FCA, contractors that falsely certify their compliance…
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/ Civil Remedies, Government Contracting
On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Edit Audits.” The revised Directive states that…
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/ Administrative Law, Civil Rights, Government Contracting, Labor & Employment Law
Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance. Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a…
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/ Administrative Law, Government Contracting
Increasingly, the Federal government implements a rule for government contractors which then makes its way in some form into all of US industry. Cybersecurity regulations, mandating that government contractors, grant and…
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/ Government Contracting, Securities Law
Effective Compliance Evaluations and Enforcement -
On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal…
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/ Administrative Law, Civil Rights, Government Contracting, Labor & Employment Law
Effective immediately, the Department of Defense (DoD) Federal Acquisition Regulation (DFARS) issued its final rule to provide enhanced post-award debriefing rights in competitive negotiated contracts, task orders, and delivery…
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/ Government Contracting
This week the Department of Homeland Security (DHS) Cybersecurity and Infrastructure Agency (CISA) issued a “SHIELDS UP” advisory. While it does not identify specific threats in the advisory, CISA states that the “Russian…
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/ Privacy, Government Contracting
It is all but certain that mandatory arbitration clauses will no longer exist for workplace sexual assault and sexual harassment claims once the expected legislation many refer to as the #MeToo Arbitration Ban is signed by…
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/ Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law
Once again the President has invoked the Federal Property and Administrative Services Act as the authority for an Executive Order “to promote economy and efficiency.” In his latest Executive Order (EO) issued on Friday, February…
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/ Construction Law, Government Contracting, Labor & Employment Law
On Tuesday, DOJ released its eagerly awaited False Claims Act (FCA) recoveries for the fiscal year ending September 30, 2021, announcing that DOJ had obtained $5.6 billion in settlements and judgments from civil cases involving…
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/ Government Contracting
