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Executive Order Directs Major Reform to Federal Contracting Regulations

The US administration on April 15, 2025 issued an executive order that directs prompt and substantial reforms to the Federal Acquisition Regulation (FAR). The order, titled Restoring Common Sense to Federal Procurement,...more

Regulatory Shifts in Aerospace and Defense: What Businesses Need to Know as 2025 Takes Flight

The aerospace and defense industry is facing a rapidly shifting legal landscape in 2025, shaped by regulatory updates, enforcement trends, and geopolitical considerations. With increased scrutiny on foreign investments,...more

Executive Order Ends Federal Contractor ‘Affirmative Action,’ Tasks Agencies to Focus on Private-Sector DEI Efforts

US President Donald Trump has signed an executive order that rescinds several prior executive orders that sought to promote diversity and inclusion in federal contracting, the federal workforce, and federal programs related...more

Federal Agencies Ordered to Pause Spending of Inflation Reduction Act, Infrastructure Investment and Jobs Act Funds

President Donald Trump via an executive order titled Unleashing American Energy directed federal executive agencies to pause disbursement of funds appropriated by Biden-era energy, environmental, and infrastructure programs....more

DOD Finalizes Cybersecurity Maturity Model Certification Program Requirements

The US Department of Defense (DOD) finalized a rule that takes the next steps toward fully implementing the Cybersecurity Maturity Model Certification (CMMC) 2.0 program. This rule formalizes compliance requirements that will...more

Congress Seeks to Bolster Supply Chain Security for Federal Agencies

The US House of Representatives passed a bill on November 12, 2024 that would enhance federal efforts to implement a new supply-chain security enforcement initiative. The bipartisan bill seeks to strengthen the role and...more

DOD Progresses Toward CMMC 2.0 Implementation with New Proposed Rule

The US Department of Defense (DoD) has issued a new proposed rule for implementing the next iteration of the Cybersecurity Maturity Model Certification (CMMC) 2.0 program. This action drives forward the DoD’s plans to bolster...more

US Supreme Court Jettisons Chevron Deference: Practical Impact for Government Contractors

The US Supreme Court on June 28 overruled longstanding precedent and expanded the ability of government contractors to challenge agency interpretations and applications of certain statutes. In Loper Bright Enterprises v....more

FAR Council Proposes Significant Pay Disclosure Obligations, Salary History Ban

Federal contractors and subcontractors may soon be required to disclose certain compensation and benefits information in job postings that will support federal contract work, and they may be barred from considering job...more

The Trends—and Traps—that Will Shape 2024

At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more

FY 2024 Defense Act: GHG Emissions, Subcontracting, and AI Considerations for US Government Contractors

US President Joseph Biden recently signed the National Defense Authorization Act for Fiscal Year 2024 into law. Implications for government contractors range from new restrictions on greenhouse gas emissions certifications to...more

DOJ Signals Continued Enforcement of Cybersecurity Obligations for Government Contractors

The US Department of Justice (DOJ) announced a recent $4 million settlement of False Claims Act (FCA) allegations regarding a contractor’s failure to meet certain cybersecurity requirements, noting that its Civil Cyber-Fraud...more

A Contractor’s Checklist for a Federal Government Shutdown

The US Congress must agree on a new budget by midnight on September 30, 2023 to support the US federal government’s new fiscal year on October 1. With a shutdown appearing to be on the horizon, countless federal programs will...more

SBA Makes Major Changes to 8(a) Business Development Program Regarding Social Disadvantage

The US Small Business Administration (SBA) temporarily suspended new application submissions to its 8(a) Business Development program, and it will require many existing participants to explain why they qualify for the program...more

US Attorneys Emphasize Benefits of New Voluntary Self-Disclosure Policy

Assistant Attorney General (AAG) Kenneth A. Polite Jr. of the US Department of Justice’s (DOJ’s) Criminal Division recently joined several high-profile, diverse US Attorneys at the inaugural Charlotte E. Ray Lecture and White...more

Eligibility for Government Contracts Tied to Greenhouse Gas Emissions

Federal contractors’ fitness for the job may soon be tied to more detailed disclosures of their greenhouse gas emissions and plans to reduce them. A newly proposed amendment to the Federal Acquisition Regulation (FAR) would...more

Updated DoD Guidance on Economic Price Adjustments and Inflation Revives Seldom-Used Public Law

The US Department of Defense issued a memorandum this month refining its guidance on inflation-related economic price adjustments for contractors with existing firm-fixed-price contracts. The updated guidance provides new...more

Court of Federal Claims Clarifies Bid Protest Jurisdiction for OTA Agreements

In a recent dispute, the United States argued that the Court of Federal Claims lacked jurisdiction to review any disputes concerning Other Transaction Authority (OTA) agreements, and that it is “conceivable” that no court had...more

Inflation Reduction Act Creates $27B ‘Green Bank’ Fund for Clean Energy Projects, but False Claims Risks Exist

The new Inflation Reduction Act includes a $27 billion Greenhouse Gas Reduction Fund that will support competitive grants to national and local “green banks,” which will use the money to invest in projects and innovations...more

Eighth Circuit Decision on Anti-Kickback Statute Offers False Claims Act Defendants Additional Tool in Their Arsenal

In United States ex rel. Cairns v. DS Medical LLC, the US Court of Appeals for the Eighth Circuit set a higher bar for proving causation in False Claims Act cases where plaintiffs seek to establish liability under the 2010...more

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