Tariffs have been in the news almost daily. Not only have tariff rates changed repeatedly, but the deadlines around implementation are subject to change. Meanwhile, the list of new commodities that are subject to additional...more
Federal government contracts and grants require contractors to certify the delivery of domestic end products unless an exception applies. Domestic preference rules include the Buy American Act (BAA) and Trade Agreements Act...more
The U.S. Office of Management and Budget (OMB) has now established a page addressing “Agency Contingency Plans” with myriad links to the plans for a variety of agencies. The OMB webpage also links to FAQs that address what...more
On December 1, 2022, the Federal Acquisition Regulatory Council (comprised of both the civilian and military acquisition regulatory councils) issued the final FAR rule on “Effective Communication between Government and...more
Once again the President has invoked the Federal Property and Administrative Services Act as the authority for an Executive Order “to promote economy and efficiency.” In his latest Executive Order (EO) issued on Friday,...more
The saga continues. In prior alerts, we have been providing updates and analysis regarding continuing practical and legal challenges to implementing the President’s Path Out of the Pandemic plan, and in particular, the...more
1/7/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
Infectious Diseases ,
Popular ,
Preliminary Injunctions ,
Stays ,
Vaccinations ,
Workplace Safety
Executive Order 14042 (the “EO”) and the implementing FAR clause and Safer Workforce Task Force (SWTF) Guidance – which mandate that government contractors and their subcontractors be vaccinated absent a legal exception – has...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
Infectious Diseases ,
Motion To Enjoin ,
Parens Patriae ,
Preliminary Injunctions ,
Public Health ,
Standing ,
Vaccinations ,
Workplace Safety
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
On September 30, 2021, the Civilian Agency Acquisition Council (CAAC) issued a formal Class Deviation from the Federal Acquisition Regulation (FAR), to implement rollout of the President’s Executive Order 14042, Ensuring...more
10/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Safety Programs ,
Subcontractors ,
Vaccinations ,
Workplace Safety
As reported in an earlier alert and blog, on September 9, 2021, President Biden rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. ...more
9/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
OSHA ,
Vaccinations ,
Workplace Safety
Numerous pieces of legislation and regulation have been issued in recent years to address the increased threats to the supply chain. We previously reported on the various aspects of the Section 889 ban on the Government and...more
The Contract Disputes Act (CDA) governs claims under FAR-based Government contracts. More than forty years after its enactment in 1978, we are apparently still not all in agreement as to when the time for filing a claim has...more
The saga of what is prohibited and what is covered by an exception to the National Defense Authorization Act, FY 2019, Section 889 prohibition on the use or delivery of covered telecommunications and video surveillance...more
9/3/2020
/ Cybersecurity ,
Data Security ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Procurement Guidelines ,
Supply Chain ,
Surveillance ,
Telecommunications
Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of...more
8/17/2020
/ China ,
Department of Defense (DOD) ,
Economic Sanctions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
Interim Final Rules (IFR) ,
National Intelligence Agencies ,
NDAA ,
Supply Chain ,
Surveillance ,
Telecommunications
On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more
8/3/2020
/ False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
Goods or Services ,
Interim Final Rules (IFR) ,
NDAA ,
Procurement Guidelines ,
Strict Compliance ,
Supply Chain ,
Surveillance ,
Telecommunications
On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more
Implementing Section 823 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA FY ‘20), on July 5, 2020, the Department of Defense (DoD) amended the DoD Federal Acquisition Regulation Supplement (DFARS) to...more
Companies doing business in the United States are required to act honestly in their business dealings. Companies that have affirmative compliance and reporting requirements may suffer significant penalties if they are...more
Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or...more
Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain...more
1/10/2020
/ Competition ,
Competitive Bidding ,
Contractors ,
Cost Accounting Standards (CAS) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Gross Receipts ,
NAICS ,
New Legislation ,
Procurement Guidelines ,
Regulatory Requirements ,
Rulemaking Process ,
SBA ,
Small Business ,
Small Business Loans ,
Small Business Runway Extension Act ,
Subcontractors ,
Transitional Arrangements
Last month we reported on the Department of Defense’s (DoD’s) issuance of Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) standard. That draft included DoD updates and revisions to CMMC’s domains,...more
12/20/2019
/ Bid Protests ,
Competitive Bidding ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Popular ,
Public Bidding ,
Supply Chain
Supply chain risks are on the rise. Protecting the supply chain is a critical aspect of our national security, health and public safety. Whether parts are electronic or not, if they aren’t what they are represented to be,...more
11/26/2019
/ Counterfeit Goods Regulation ,
Counterfeit Parts ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Manufacturers ,
Medical Devices ,
Quality Control Plan ,
Reporting Requirements ,
Rulemaking Process ,
Suppliers ,
Supply Chain
Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by...more
8/24/2019
/ Comment Period ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
Interim Rule ,
National Security ,
NDAA ,
Procurement Guidelines ,
Prohibited Transactions ,
Public Comment ,
Supply Chain ,
Surveillance ,
Telecommunications ,
US Trade Policies ,
Waivers
On July 15, 2019, President Trump signed his third Executive Order on the topic of buying American, “Executive Order on Maximizing Use of American-Made Goods, Products, and Materials.” ...more
8/12/2019
/ Buy America ,
Buy American Act ,
Construction Project ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Infrastructure ,
Procurement Guidelines ,
Supply Chain ,
Trump Administration ,
US Trade Policies