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Event in Review: Trump 2.0: A Brave New World for Government Contractors

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

Trump Administration to Impose False Claims Act Liability on Contractors and Grant Recipients Who Continue to Maintain DEI and...

On January 21, 2025, President Trump issued a widely expected executive order (EO), Ending Illegal Discrimination and Restoring Merit-Based Opportunity, targeting affirmative action and diversity, equity, and inclusion (DEI)...more

GSA Inspector General Announces Focus on Economic Price Adjustments and Trade Agreement Act Compliance

On September 17, 2024, the Office of Inspector General (OIG) for the General Services Administration (GSA) released its Audit Plan for the 2025 fiscal year, which includes, among other activities, certain, and potentially...more

The General Services Administration Cannot Agree with Its Inspector General on How to Price Multiple Award Schedule Contracts - Is...

Under the Competition in Contracting Act of 1984 (CICA), awarding a contract under the U.S. General Services Administration's (GSA) Multiple Award Schedule (MAS) is a competitive procedure—so long as the MAS program is...more

SBA Proposes Significant Changes to Size Recertification Rules

The Small Business Administration (SBA) has released a proposed rule that would significantly alter a number of SBA small business program regulations, including those governing size recertifications. ...more

The New CMMC Rule: FAQs for Federal Contractors and Subcontractors

The Department of Defense (DoD) delivered its proposed Cybersecurity Maturity Model Certification Program rule (CMMC) the day after Christmas this year, including several related guidance documents (listed here). The proposed...more

Through the National Defense Authorization Act for FY2024, Congress Looks to Tighten Controls on Contractors Consulting for...

The end of the calendar year once again sees Congress rapidly approaching the holiday finish line with unresolved business. From most indications, however, members will successfully send a defense authorization bill to...more

November 2023 Government Contracts Roundup

As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid...more

A New Rule Runs an End Around Suspension and Debarment Regulations and Will Require Contractors to Scour Their Supply Chains for...

In recent years, we have seen statutory and regulatory exclusions from federal contracting of various entities and their goods and services happening outside the normal suspension and debarment process, the most notable being...more

OMB Pre-Releases Much-Anticipated Rewrite of the Uniform Guidance

On December 26, 2013, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the "Uniform Guidance"). The...more

New FAR Clause Implements TikTok Ban for Federal Contractors

The federal government's most recent TikTok ban is both simple and complex. The prohibition bans federal contractors from using or even installing the TikTok app on covered information technology (IT) devices....more

New DFARS Rule Increases Buy American Act Content Thresholds for DOD Contracts

The Department of Defense (DOD) has proposed an updated rule in the Defense Federal Acquisition Regulation Supplement (DFARS) to increase Buy American Act content thresholds for federal government contractors under DOD...more

Department of Defense Expands Scope of Specialty Metals Restriction

In recent years, the government contracts space has seen an increased scrutiny of procurements from certain countries, especially the People's Republic of China. A prominent example is Section 889 of the National Defense...more

Tracking the Power of Persuasion - Changes to LM-10 Disclosures May Be Coming, and Government Contractors Should be Particularly...

On April 7, 2023, a proposed rule seeking to broaden "persuader" activity reporting requirements on the LM-10 Disclosure Form (the Disclosure Form) was sent to the Office of Management and Budget (OMB) for review, signaling...more

Arbitration Award Against Federal Contractor Highlights Need to Review Collective Bargaining Agreements Prior to Internal...

When companies are alerted to potential violations of policy or relevant law, they frequently open internal investigations to determine the events that occurred and whether the circumstances require corrective action....more

OMB Proposes New Buy America Regulations for Federal Grant Recipients Participating in Infrastructure Projects, but Leaves Many...

While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the “Uniform...more

An Upcoming Proposal Will Impact Federal Acquisition of Real Estate - But How?

As part of his administration's all-of-government response to climate concerns, on December 8, 2021 President Biden issued Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal...more

Section 5949 - Congress's Latest Prohibition on Chinese Technology in Federal Procurement, and What It Means for Government...

Chinese semiconductors are ubiquitous within the United States and its private- and public-sector supply chains. To contend with the attendant national security and economic risks (whether real or perceived), Congress...more

Long-Awaited Protections for Intellectual Property Could Have Significant Implications for Federal Government Contractors

The Protecting American Intellectual Property Act of 2022—passed by the Senate on December 20, 2022 and signed by the President on January 5, 2023—aims to protect American IP interests by imposing sanctions on certain foreign...more

Congress Approves Defense Authorization for FY2023 - And With It, Dozens of Changes for Government Contractors

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

Through FY2023 Defense Authorization Bills, Congress Looks to Tighten Federal Procurement Sourcing Requirements and Accelerate...

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

White House Announces Federal Supplier Climate Risks and Resilience Rule - How This Will Impact Federal Government Contractors

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

[Webinar] Post Mid-Year Government Contracts Round-Up: Compliance – Highlights from the First Part of 2022 - August 16th, 2:00 pm...

Thus far in 2022, the Biden administration has focused on a number of key areas as they relate to government contractors. Join attorneys from Venable's Government Contracts Group for a discussion of key developments in...more

Even Federal Contractors and Subcontractors Should Pay Heed to State Law on Conditional Payment Clauses

​​​​​​​The Virginia legislature recently took a broad step toward limiting the use of certain common clauses in construction subcontracts. This new legislation, effective January 1, 2023, amends the state's Prompt Payment Act...more

Concerned Over Inflation? DOD Issues Guidance to Contracting Officers Relating to Current and Future Contracts

Following on the heels of the coronavirus pandemic, high inflation now presents itself as the latest major challenge for government contractors. Inflation is on the rise, reaching levels that have not been seen in more than...more

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