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Supreme Court Declines to Narrow Reach of Federal Fraud Law

On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be...more

Executive Order Initiates Commercial Focus in Federal Procurement Reform

On April 16, 2025, the Trump Administration issued an Executive Order titled “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts,” which establishes the Administration’s policy of procuring “commercially ...more

Federal Court Temporarily Blocks Parts of Executive Orders Impacting DEI in Government Contracting

On Feb. 20, 2025, Judge Adam B. Abelson of the U.S. District Court for the District of Maryland (Baltimore) issued a preliminary injunction enjoining aspects of the enforcement of two executive orders signed by President...more

GAO Rules Air Force Contractor Can Meet Certification Requirements via Merger

On Nov. 13, 2024, the U.S. Government Accountability Office (GAO) sustained a protest by DecisionPoint Corp. finding that the U.S. Department of the Air Force improperly rejected DecisionPoint’s proposal for an $83 million...more

SBA Proposed Rule Expands “Rule of Two” to Multiple-Award Contracts

The U.S. Small Business Administration (SBA) issued a proposed rule on Oct. 24, 2024, expanding federal agencies’ ability to give preference to small businesses on task and delivery orders issued under multiple-award...more

DoD Issues Final CMMC Framework for Defense Contractors

After a nearly five-year rulemaking process, the U.S. Department of Defense (DoD) published the Final Cybersecurity Maturity Model Certification 2.0 (CMMC) program rule in the Federal Register on Oct. 15, 2024, codified at 32...more

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

DHS Issues Final Rule Regulating Federal Contractors’ Handling of Controlled Unclassified Information

On June 21, 2023, the U.S. Department of Homeland Security (DHS) issued a long-anticipated cybersecurity final rule (DHS Final Rule), which revises an existing clause and adds two new clauses to the Homeland Security...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

Government Contractor Vaccine Mandate Remains Paused, Pending Guidance

Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, as...more

Federal “Ban the Box” Regulations Proposed

The U.S. Office of Personnel Management (OPM) proposed initial regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). The proposed regulations would apply to federal employees and will...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

Federal Fair Chance Act Will Soon Require Federal Contractors to “Ban the Box”

In December 2021, covered federal contractors may start seeing new or amended solicitations and contract clauses that prohibit them from inquiring into job applicants’ criminal backgrounds. The federal Fair Chance to Compete...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

The DFARS Rule on Covered Telecommunications Equipment or Services Is Final

The Department of Defense (DoD) issued a final rule on Covered Telecommunications Equipment or Services that implements Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91)....more

Biden Administration to Strengthen “Buy American” Rules

On Jan. 25, 2021, President Joseph R. Biden signed an executive order aimed at strengthening “Buy American” rules to increase the federal government’s procurement of American-made goods. According to the White House,...more

Ready or Not…Government Contractor Cybersecurity Requirements Roll Out This Month

New Department of Defense (DoD) regulations related to government contractor Cybersecurity requirements become effective November 30, 2020. The progressive steps to mandatory contractor Cybersecurity Maturity Model...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

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

DoD Unveils New Cybersecurity Requirements for Defense Contractors

The Department of Defense recently released version 1.0 of the Cybersecurity Maturity Model Certification (CMMC), a unified cybersecurity standard for future DoD acquisitions. The CMMC is a cybersecurity assessment model and...more

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