The first 100 days of President Trump’s second term have been action-packed with the President issuing 43 Executive Orders within hours of his inauguration – and an additional 46 that soon followed. Two Executive Orders in...more
GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set...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
The U.S. antiboycott laws and regulations have been around since the era of disco. In stark contrast to fast-moving sanctions and export controls, we rarely see updates to the antiboycott regulations or enforcement...more
It’s starting to feel like summer in Washington, DC and like most Washingtonians, the GSA and SBA are thinking about pools. So throw on some flip flops, grab a cold beverage, and let’s dive in to the 8(a) Multiple Award...more
For years, domestic content requirements have been a point of pain and frustration for government contractors. Historically, these regimes typically come in the form of the proverbial stick – that is, provide products and/or...more
2/2/2023
/ Buy America ,
Country of Origin ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Transit Administration ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Local Content Requirements ,
Manufacturers ,
Renewable Energy ,
Suppliers ,
Tax Credits ,
U.S. Treasury
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
With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters.
On Friday, August 26, the 11th Circuit published a 66-page...more
9/13/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Likelihood of Success ,
Multidistrict Litigation ,
State and Local Government ,
Vaccinations
The United States is engaging in a new form of warfare. Russia invaded Ukraine just over two months ago and, rather than join the fight directly by sending troops to defend Ukraine, the United States is fighting indirectly by...more
4/29/2022
/ Biden Administration ,
Economic Sanctions ,
Embargo ,
Executive Orders ,
Export Controls ,
Federal Contractors ,
Federal Procurement Systems ,
Russia ,
State Action Doctrine ,
Supply Chain ,
Ukraine
On March 18, 2022, the Department of Defense (“DOD”) issued its long-awaited Final Rule implementing Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (“NDAA FY 2018”), and formally codifying defense...more
Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement of Executive...more
12/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Masks ,
Multidistrict Litigation ,
OSHA ,
Social Distancing ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations ,
Virus Testing
On September 9, 2021, the President issued Executive Order 14042, which applies new rules – including vaccination mandates – to Federal contractors and subcontractors. EO 14042 does not include a weekly testing option and is...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
OSHA ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors. While the EO did not identify specific safety protocols, it did direct a Federal task...more
9/16/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
OSHA ,
Prime Contractor ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Just as you’re probably tired of reading COVID-19 articles, we’ve grown tired of writing them. So, in an effort to party like it’s 2019, we’ve decided to survey the non-COVID-19 initiatives underway at the General Services...more
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
Like you, we’ve been thinking a lot about COVID-19 (aka the coronavirus) lately, and the mountain of misinformation that has followed in its wake. While we concede we have stopped shaking people’s hands (which likely turned...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
Trade Agreements Act compliance changed fundamentally three years ago. Or, so we thought on December 7, 2016, when the U.S. Court of International Trade (“CIT”), the appellate body for country of origin determinations issued...more
11/26/2019
/ China ,
Court of International Trade ,
Customs and Border Protection ,
Federal Contractors ,
Importers ,
Imports ,
Manufacturers ,
Procurement Guidelines ,
Subsidiaries ,
Supply Chain ,
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 2, 2019, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) finally released their Phase 2 Implementation Report (the “Phase 2 Report”) for “Procurement Through E-Commerce...more
On June 21, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) held their second Industry Day concerning the implementation of Section 846 of the National Defense Authorization...more
6/27/2018
/ Business Model ,
E-Commerce ,
Federal Contractors ,
Federal Implementation Plans (FIP) ,
General Services Administration (GSA) ,
Manufacturers ,
NDAA ,
OMB ,
Online Distribution ,
Portal ,
Procurement Guidelines
Last month, the General Services Administration (“GSA”) and the Office of Management and Budget released their Phase 1 Implementation Plan (the “Plan”) for Section 846 of the National Defense Authorization Act (“NDAA”) of...more
On March 16, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) released their Phase 1 Implementation Plan (the “Plan”) for “Procurement Through E-Commerce Portals” as directed...more
4/2/2018
/ Business Model ,
E-Commerce ,
Federal Contractors ,
General Services Administration (GSA) ,
Internet Retailers ,
Manufacturers ,
NDAA ,
OMB ,
Online Distribution ,
Portal ,
Procurement Guidelines ,
Software Developers
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