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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

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

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

US Government Continues Coordinated Efforts to Place Restrictions on Chinese Semiconductors

The Federal Acquisition Regulatory Council (FAR Council), the body charged with drafting the regulations affecting government contracts, recently released an advanced notice of proposed rulemaking outlining how it will...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

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

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

New Federal Acquisition Regulation Buy American Act Requirements Go into Effect

The Biden-Harris administration’s amendments to the domestic preference requirements in Federal Acquisition Regulation Part 25 become effective on October 25. The new requirements will increase the domestic content threshold...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

Defense Contractors Must Disclose China Work to US Government

The Department of Defense issued an interim rule amending the Defense Federal Acquisition Regulation Supplement to require bidders on defense contracts to disclose when work will be performed in the People’s Republic of...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

Federal Circuit Decision Further Muddies Path to Compensation for Government Contractors

In Zafer Construction Company v. United States, the US Court of Appeals for the Federal Circuit reaffirmed that a request for equitable adjustment by a contractor will be treated as a “claim” within the meaning of the...more

Government Contractors: House Bill Increases Significance of Small Business Subcontracting Plan Compliance

The US House of Representatives recently passed HR 7694, the Strengthening Subcontracting for Small Businesses Act of 2022, which aims to amend the Small Business Act to require the federal government to consider prior...more

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