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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

DOE Accepting Applications for Up to $7 Billion Funding for Regional Hydrogen Hub Development

On September 22, the US Department of Energy’s (DOE) Office of Clean Energy Demonstrations issued a Funding Opportunity Announcement (FOA) to solicit applications for funding to establish regional clean hydrogen hubs (H2Hub)...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

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

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

Former DHS Official to Pay $10,000 to Resolve Alleged Ethics Violations

Companies should evaluate their prospective employees, especially former government officials, for potential ethics violations. The US Department of Homeland Security (DHS) announced April 12 that Kenneth J. Buck, a former...more

Physician Practice Management Company Settles False Claims Act Allegations for $24.5 Million

Physician Partners of America LLC, a physician practice management company, denies that it violated the False Claims Act by billing Federal health care programs for medically unnecessary testing, among other allegations. The...more

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