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FASC Issues Final Rule on Securing Information and Communications Technology Supply Chains in Federal Systems

WHAT: On August 26, 2021, the Federal Acquisition Security Council (FASC) issued its final rule to implement the 2018 Federal Acquisition Supply Chain Security Act. See 86 Fed. Reg. 47582 (Aug. 26, 2021). The FASC made minor...more

Contractors Take Note: Proposed DFARS Rule to Implement Other Than Cost or Pricing Data Requirements Covers More Than Just That

WHAT: The U.S. Department of Defense (DoD) has issued a proposed Defense Federal Acquisition Regulation Supplement (DFARS) rule to implement Section 803 of the Fiscal Year 2020 National Defense Authorization Act (FY2020 NDAA)...more

Enhanced Debriefings: A Rocky Road From the Class Deviation to DOD’s Proposed DFARS Implementation

Section 818 of the Fiscal Year 2018 National Defense Authorization Act (NDAA) amended 10 U.S.C. § 2305 to provide “enhanced” post-award debriefing rights for offerors in connection with U.S. Department of Defense (DOD)...more

What Cyber Landscape Awaits Government Contractors Following Biden’s Executive Order?

On May 12, the Biden Administration issued an Executive Order (EO) setting in motion an ambitious plan to rapidly strengthen the cybersecurity posture of the Federal government and its contractors, service providers, and...more

Biden’s Cyber EO Aims to Improve Federal Security and Move Private Sector

On May 12, 2021, President Biden issued the long-expected Executive Order on Improving the Nation’s Cybersecurity (“EO” or “Order”). The EO comes amidst a series of high-profile cyber-attacks on the Nation and its critical...more

Biden Signs EO for $15 Federal Contractor Minimum Wage

WHAT: As anticipated, President Biden issued an executive order (EO) on Wednesday raising the minimum wage to $15 for many employees of federal contractors, effective January 30, 2022. All agencies will need to incorporate...more

Biden Administration Early Executive Actions: Update for Government Contractors

On January 20, 2021, the first day of the Biden Administration, the President took several executive actions that affect government contractors. The President is expected to sign an additional Executive Order (EO) today that...more

DOD and DOL Take Steps to Stop Implementation of Executive Order 13950 in Response to Nationwide Injunction

On January 6, 2021, the U.S. Department of Defense (DOD) issued a revised class deviation, superseding Class Deviation 2021-O0001, issued on November 20, 2020 that implemented Executive Order 13950, Combating Race and Sex...more

Federal Court Enjoins Enforcement of Key Diversity Training Limits in Executive Order 13950

WHAT: The U.S. District Court for the Northern District of California has issued a preliminary injunction barring the Government from enforcing portions of Executive Order (EO) 13950, Executive Order on Combatting Race and...more

Looking Ahead: Federal Procurement Under The Biden Administration

When the Biden Administration begins, the government contracting community may be wondering whether the change in administration and party in the White House will lead to significant changes to federal procurement. Although...more

Lack of Prejudice Will Sink Even a 'Meritorious' Protest

As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more

DOL Releases “FAQs” on Executive Order 13950 regarding Contractor Diversity and Inclusion Training and Signals Potential Immediate...

WHAT: On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance in the form of frequently asked questions (FAQs) regarding the September 22 Executive Order...more

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