In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more
On November 17, 2023, the Department of Defense (“DOD”) published a Final Rule – over five years in the making – addressing DOD policies regarding the applicability of laws to commercial products, commercial services, and...more
In an “update” that reads more like a teaser to a B Movie, the OMB on Friday advised that it will have more guidance on EO 14042 for us soon. What precipitated this official warning that more guidance would be forthcoming?...more
Just when you didn’t think things could get any weirder, on Friday, January 21, 2022, the U.S. District Court for the Southern District of Georgia issued a ruling clarifying its prior EO 14042 injunction (currently on appeal...more
1/26/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Georgia ,
Injunctions ,
Masks ,
OSHA ,
Social Distancing ,
Vaccinations
On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors and subcontractors. While the EO did not outline specific rules, it did direct a Federal...more
10/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
OSHA ,
Vaccinations ,
Workplace Safety
Last week, we (Ryan and Jonathan) published the COVID-19 Federal Contractor’s Survival Guide in the Coalition For Government Procurement’s Friday Flash. The Guide was very well received – perhaps because it didn’t once...more
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
2/27/2020
/ Country of Origin ,
Court of Federal Claims ,
Customs and Border Protection ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Free Trade Agreements ,
India ,
Jurisdiction ,
Machine-or-Transformation Test ,
Manufacturers ,
Pharmaceutical Industry ,
Regulatory Standards ,
Supply Contracts ,
Trade Agreements Act
This month, and with great fanfare, the U.S. Department of Justice (DOJ) announced its creation of a Procurement Collusion Strike Force. We know what you’re thinking, and no – this Strike Force will not be starring in the...more
11/26/2019
/ Antitrust Violations ,
Bid Rigging ,
Collusion ,
Criminal Antitrust Litigation ,
Criminal Conspiracy ,
DCIS ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
FBI ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Inspector General ,
Price-Fixing ,
Public Procurement Policies ,
State Attorneys ,
USPS
On May 18, 2017, House Armed Services Committee Chairman Mac Thornberry introduced H.R. 2511, titled “The Defense Acquisition Streamlining and Transparency Act.” The bill drastically would change how commercial off-the-shelf...more
Two recent developments have the potential to change the landscape for contractors providing services to the Government. Government contractors and subcontractors are required to comply with a host of regulations governing...more