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Trump Administration Seeks to Streamline Federal Procurement

Between April 9 and April 16, President Trump issued three executive orders (EOs) calling for reforms to the federal procurement system. The April 9 EO, “Modernizing Defense Acquisitions and Spurring Innovation in the Defense...more

DEI Implementation: GSA Announces Class Deviation to the Federal Acquisition Regulation to Implement DEI Related Executive Orders

On February 18, 2025, the U.S. General Services Administration (GSA) issued a Federal Acquisition Regulations (FAR) class deviation—CD-2025-041—to implement several Executive Orders (E.O.) relating to Diversity, Equity, and...more

Executive Order: Ending DEI and Affirmative Action for Federal Contractors/Grant Recipients

On January 21, 2025, President Trump issued an Executive Order (EO) entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” revoking EOs from previous administrations that promoted diversity, equity and...more

‘No TikTok on Government Devices Act’—Implementation for Federal Contractors and Subcontractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement the No TikTok on Government...more

Buy America Requirements for Infrastructure: Analysis of New Proposed Rule and Guidance from White House

Following President Biden’s State of the Union address highlighting increased enforcement of Buy America requirements for federally funded infrastructure projects and new standards for construction materials, the White House...more

President Biden Signs Legislation to Tighten Restrictions on Potential Conflicts of Interest in Federal Contracting

On December 27, 2022, President Biden signed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (P.L. 117-324 or the “Act”). The law aims to tighten regulations on potential organization conflicts...more

New Prohibition on Federal Purchases of Certain Semiconductor Products and Services

On December 23, 2022, President Biden signed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (NDAA) into law. The statute prohibits federal agencies from purchasing covered semiconductor products...more

Changes Coming to DOD’s Cybersecurity Maturity Model Certification under CMMC 2.0

On November 17, 2021, the U.S. Department of Defense (DOD) published an Advanced Notice of Proposed Rulemaking (ANPRM) previewing significant changes to its Cybersecurity Maturity Model Certification (CMMC) program.1 The...more

Safer Federal Workforce Safety Guidance and the OSHA Emergency Temporary Standard Update

Key Points - The recent announcements around federal contractor requirements for mandatory vaccination and the upcoming OSHA Emergent Temporary Standard have created significant confusion for employers. It’s important...more

Section 889(a)(1)(B): Five Things to Know About the Interim Rule and a Roadmap for Compliance

- Akin Gump is hosting a Webinar tomorrow, August 6, 2020, at 12:00 p.m. (EST) to discuss Section 889, the implementing regulations, and the grant and loan restrictions also effective August 13, 2020. - On July 14, 2020,...more

CMMC and the Three “Cs”: Cost, Conflicts and Competition

A. Introduction and Key Take-Aways - The Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program provides a metric for independent third parties to use in assessing and certifying the...more

New Proposed Grant Restrictions on Use of Certain Chinese Products and Services: OMB Proposes Guidance Implementing Grant...

Key Points - On January 22, 2020, the Office of Management and Budget (OMB) proposed changes to its grants and agreements regulations (2 CFR Part 200) to implement § 889 of the National Defense Authorization Act (NDAA)...more

Congress Passes Federal “Ban-the-Box” Law for Federal Agencies and Government Contractors

Key Points - Congress has passed the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) as an amendment to the National Defense Authorization Act, which was enacted on December 17, 2019. This federal...more

Agencies Release Interim Final Rule Implementing First Phase of 2019 NDAA Section 889

• On August 7, the DOD, GSA, and NASA released a prepublication version of an Interim Final Rule implementing paragraph (a)(1)(A) of § 889 of the 2019 NDAA. The rule is effective next Tuesday, August 13, 2019. • Among its...more

New Executive Order Seeks to Expand Buy American Requirements Imposed on Federally Funded Infrastructure Projects

• On January 31, 2019, President Trump signed an executive order that directs federal departments and agencies to take steps to encourage recipients of federal financial assistance for a broad range of infrastructure projects...more

New Court of Federal Claims Decision Is an Opportunity for Prospective Bidders

• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims. • This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit. ...more

Three October Bid Protest Decisions That May Affect Your Business

• First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained. • Second, mere compliance with cybersecurity...more

DoD’s Proposed Rule Would Create Additional Risk and Burdens for Contractors Handling Export-Controlled Information

The Proposed Rule creates a procedure for DoD to release unclassified technical data subject to EAR and ITAR to “qualified contractors,” which are defined to mean qualified U.S. and Canadian contractors. The Proposed Rule...more

Federal Court Temporarily Enjoins Parts of the Fair Pay and Safe Workplaces Executive Order

Key points - - A federal district court in Texas issued a preliminary injunction blocking implementation of the labor law disclosure requirements and restrictions on certain predispute arbitration agreements under...more

Mandatory Paid Sick Leave for Federal Contractors Is Final

Key Points - - The U.S. Department of Labor issued final rules implementing Executive Order 13706 requiring federal contractors to provide up to seven days of annual paid sick leave, including leave for family care...more

Final Rule on the Fair Pay and Safe Workplaces Executive Order Revealed

Key Points - - While making some welcomed changes to the proposed rule, the final rule leaves many of the significant burdens and costs associated with requiring contractors and subcontractors to disclose various...more

Summary and Significance of the Supreme Court’s Decision in Escobar

On June 16, 2016, Justice Thomas, writing for a unanimous Court in Universal Health Services, Inc. v. United States ex rel. Escobar,examined the circumstances under which an “implied false certification” can trigger liability...more

U.S. Court Upholds Federal Contractor Campaign Finance Ban

The U.S. Court of Appeals for the District of Columbia rejected a constitutional challenge to the ban on U.S. government contractors making political contributions to candidates for federal office and federal political party...more

Final Anti-Human Trafficking FAR and DFARS Rules Create Significant New Supply Chain Burdens and Liabilities for Government...

On January 29, 2015, the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA) and the General Services Administration (GSA) published the final anti-human trafficking rule amending the current...more

Executive Actions Relating to Labor Matters

On April 8, 2014, President Obama signed an executive order to “promote economy and efficiency in Federal Government Procurement[.]” The Executive Order, “Non-Retaliation for Disclosure of Compensation Information[,]”amends...more

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