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Holland & Knight LLP

Podcast - Change Condition Packages: Tips for Cleared Contractors

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In the sixth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses change condition packages (CCPs) with International Trade attorney Marina O’Brien. They examine the preparation and...more

Holland & Knight LLP

Podcast - Corporate Documents in the Context of Clearances

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In the fourth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey explores the topic of corporate documents in relation to security clearances with International Trade attorney Libby Bloxom....more

Holland & Knight LLP

Negotiating Cost Share in Technology Investment Agreements

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Note: This is the second article in our series on capturing industrial base funding from the U.S. Department of Defense In our last post, we discussed the Defense Production Act (DPA) and Technology Investment Agreement...more

Holland & Knight LLP

What to Know About the New Artificial Intelligence Executive Order

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President Joe Biden on Oct. 30, 2023, signed an expansive, 111-page Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) in response to the administration's growing concerns...more

FordHarrison

OFCCP Issues Final Rule Dialing Back Transparency Promised in 2020 Predetermination Notice Regulation

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Executive Summary: On August 4, 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a final rule amending the 2020 pre-enforcement regulations colloquially referred to as the...more

Schwabe, Williamson & Wyatt PC

SBA Adjusts Standards and Thresholds for EDWOSB and 8(a) Business Development Programs

Due to recent global events causing high inflation, the Small Business Administration (“SBA”) issued a final rule on November 17, 2022. This final rule has two primary components. First, it adopts, without change, the interim...more

Polsinelli

Deadline Not Clear for Covered Contractors to Register and Certify Affirmative Action Program Compliance in New OFCCP Contractor...

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The Office of Federal Contract Compliance (“OFCCP”) in the Department of Labor recently launched a new contractor portal to track Affirmative Action Program (“AAP”) compliance by covered contractors. Originally, covered...more

Bass, Berry & Sims PLC

Responsibility vs. Responsiveness: A Critical Difference Saves Flawed Initial Bid

As a general matter, an agency should reject a bid out of hand if it is deemed defective due to problems with bidder responsiveness. However, flawed bids determined on account of issues with bidder responsibility can be...more

Bass, Berry & Sims PLC

SBA Enlarges Small Business Pool through New Rule Change

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On June 6, the U.S. Small Business Administration (SBA) issued a final rule modifying its methodology for calculating the size of small businesses using an employee-based size standard and authorizes businesses participating...more

FordHarrison

OFCCP Proposes Dialing Back Transparency and Legal Thresholds in "PDN Rule"

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On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) dialing back the level of transparency and evidentiary standards for issuing pre-enforcement notices...more

Jones Day

DOJ Rescinds Limits on the Use of Agencies' Guidance Documents in Civil Enforcement Actions

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A recent action by the Department of Justice ("DOJ") rescinds two prior policies (commonly referred to as the Brand Memo and the Sessions Memo) that had established limits on the federal government's use of agency guidance...more

Sheppard Mullin Richter & Hampton LLP

IoT Legislation Passes Congress

Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently...more

The Volkov Law Group

Drug and Medical Device Fraud Risks Increase in Pandemic Era

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The drug and medical device/testing industry is under significant pressure to develop new products to address the COVID-19 pandemic.  The federal government is increasing spending and support of drug and device companies in...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Changes the Game for Selling Single-API Drugs to the Government

Selling drugs to the Government just got a lot simpler. In Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020), the Federal Circuit opened the Government door to all drugs “manufactured”—that is, measured,...more

Sheppard Mullin Richter & Hampton LLP

What Does it Mean to Manufacture? Federal Circuit’s Acetris Decision Fundamentally Alters Trade Agreements Act Compliance

On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020). In Acetris, the Federal Circuit was asked to...more

Stinson - Government Contracting Matters

OFCCP Proposes Clarifying Evidence Standards, Post-Audit Procedures in Regulations

The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential...more

Carlton Fields

Recent Cases Indicate Viability of False Claims Act Liability Connected to Federal Cybersecurity Standards

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Government contractors are no strangers to the numerous quality standards and assurances required by the government. Over the past several years, cybersecurity in federal contracting has emerged as yet another standard to...more

Hogan Lovells

A review of OFCCP’s 2018 directives: Potential signs of greater transparency and cooperation with federal contractors?

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The Office of Federal Contract Compliance Programs (OFCCP) – the Department of Labor office responsible for overseeing federal contractors’ and subcontractors’ equal employment opportunity and affirmative action obligations –...more

Jackson Lewis P.C.

[Webinar] Contractually Speaking: OFCCP’s New Compensation Directive – What Does This Mean for Contractors? - February 26th,...

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Over the past few months, we have seen a whirlwind of activity from OFCCP. Under new leadership, the Agency has conducted town hall meetings, provided guidance to contractors on a variety of topics and issued new directives...more

WilmerHale

False Claims Act: 2018 Year-in-Review

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Federal False Claims Act (FCA) recoveries in fiscal year 2018 amounted to $2.88 billion, down by roughly $600 million from the prior year and dropping below $3 billion for the first time in eight years. Healthcare cases,...more

Hogan Lovells

McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations

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On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have...more

Hogan Lovells

NISPOM Change 2 Deadlines Coming for Cleared Contractors

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As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM)1, a number of implementation deadlines are drawing near. This blog post...more

Sheppard Mullin Richter & Hampton LLP

Defense Contractors to Face New Cost Accounting Oversight with Creation of Defense Cost Accounting Standards Board

Section 820 of the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) establishes a new Defense Cost Accounting Standards Board (“D-CASB”) to oversee the application of the Cost Accounting Standards (“CAS”) to...more

Hogan Lovells

New E.O. Reinforces President Trump's "Buy American" Agenda

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On April 18, 2016, President Donald Trump signed the executive order “Buy American and Hire American” aimed at maximizing the federal government’s use of goods, products, and materials produced in the United States. The E.O....more

Hogan Lovells

It is Official: Fair Pay and Safe Workplaces Rule Comes to an End

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Earlier this week, President Trump put the final nail in the coffin for the former administration’s “blacklisting” rule, officially known as the Fair Pay and Safe Workplaces Final Rule. The move means federal contractors will...more

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