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Inside Government Contracts

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Artificial Intelligence (AI)

Pentagon Releases Artificial Intelligence StrategyU.S. Department of Commerce Opens New Funding Opportunity for Semiconductor R&D

Audits

GAO: DCAA Built a Valuable Bench of Independent Public Accountants, Now What?Contractors Had a Strong Success Rate Before the CBCA in FY 2023

Bid Protests

GAO’s Annual Bid Protest Report: Fiscal Year 2025 Protest Filings Drop While the Effectiveness Rate Remains HighCOFC Reaffirms Domestic Sourcing Regulations as a Viable Basis for Bid Protests

Biodefense

President Biden Issues Executive Order on National Biotechnology and Biomanufacturing InitiativeNew GAO Report: HHS Faces Outstanding Issues as it Assumes Vaccine Responsibilities

Biotechnology and Biomanufacturing

BIOSECURE Act Moves Closer to Enactment with Inclusion in FY 2026 NDAA TextU.S. Department of Commerce Opens New Funding Opportunity for Semiconductor R&D

Buy American

COFC Reaffirms Domestic Sourcing Regulations as a Viable Basis for Bid ProtestsFederal Highway Administration Publishes Final Rule Rescinding Longstanding Buy America Waiver for Manufactured Products

CARES Act

Paycheck Protection Program Expands and Offers Opportunity for Second Draw LoansDefense Contractors Say Section 3610 and Other Contractor Support Measures Require Relief

China

Forging a Modern Strategic Production Base:  Senate Proposes Stand-Alone Defense-Production Powers for the PentagonU.S. Federal and State Governments Moving Quickly to Restrict Use of DeepSeek

CHIPS Act

U.S. Department of Commerce Opens New Funding Opportunity for Semiconductor R&DTrump Administration Issues AI Action Plan and Series of AI Executive Orders

Civil Litigation

Covington Submits Supreme Court Amicus Curiae Brief Addressing Derivative Sovereign Immunity for Government ContractorsFifth Circuit Adds New Wrinkle to Ongoing Fight Over Federal Contract Worker Minimum Wage Requirement

Claims and Contract Disputes

Top Five Trends and Takeaways from the FY 2025 ASBCA and CBCA Annual ReportsYou Can’t Always Get What You Want: ASBCA Channels Rolling Stones and Awards Contractor $4.9 Million in Delay Damages

Commercial Items

From DAS to WAS:  Secretary Hegseth’s Acquisition Overhaul and What It Means for IndustryContractors Should Not Overlook the Administration’s Call to Action on Commerciality

Congressional Action

FY26 NDAA Aims to Raise the Dollar Thresholds for the Applicability of CAS and TINAForging a Modern Strategic Production Base:  Senate Proposes Stand-Alone Defense-Production Powers for the Pentagon

Construction Contracting

Federal Highway Administration Announces Proposed Rule Ending Longstanding Buy America Waiver for Manufactured ProductsWhose Site Is It Anyway: Trade Groups Challenge DOL’s Prevailing Wage Calculation and Expanded Definition of the Site of Work Under the Davis-Bacon Act

Contingency Contracting & Stability Operations

Federal Circuit Further Clarifies Maropakis and CDA Interest Rule in Significant “Contractor-on-the-Battlefield” DecisionDoD Class Deviations Allow for Greater Contracting Flexibility in Times of Crisis

Contractor Tort Liability & Immunity

Covington Submits Supreme Court Amicus Curiae Brief Addressing Derivative Sovereign Immunity for Government ContractorsAre Federal Contractors Immunized From Vaccination Litigation? Mitigating The Risk Of Civil Liabilities Arising Out Of The COVID-19 Vaccine Mandate

Coronavirus

BARDA Announces New Solicitation Opportunities for 2024OMB and Safer Federal Workforce Task Force Preview Forthcoming Guidance on Federal Contractor Vaccine Mandate

Cost Accounting Standards

FY26 NDAA Aims to Raise the Dollar Thresholds for the Applicability of CAS and TINASPEEDing up Procurement?: House Armed Services Bill Seeks to Reform Defense Acquisition

Costs

GAO: DCAA Built a Valuable Bench of Independent Public Accountants, Now What?The Trump Tariffs and Federal Contractors: In These Taxing Times, Contractors Have a Duty To Know These Five Things

COTS

New Final Rule Replaces “Commercial Item” Definition and Implements Definitions for “Commercial Products” and “Commercial Services”GSA Awards First Contracts to Develop an Online Shopping Platform, and the White House Seems to Be Paying Attention

Country of Origin

Trade Agreements Act Certifications Undergo New ScrutinyTreasury and IRS Release New Guidance on Inflation Reduction Act Domestic Content Bonus Credit

COVID-19

OMB and Safer Federal Workforce Task Force Preview Forthcoming Guidance on Federal Contractor Vaccine MandateCOVID-19 Vaccine Mandate Update: Arizona District Court Issues Additional Injunction; Mandate Remains Enjoined Nationwide; OSHA Mandate Withdrawn

Critical Minerals

Federal Push for Critical Minerals Stockpiling: 2025 in Review and Outlook for 2026  

Cybersecurity

CISA Releases Cybersecurity Performance Goals 2.0 for Critical InfrastructureAugust, September, and October 2025 Cybersecurity Developments Under the Trump Administration

Data Rights

DoD Signals Increased Scrutiny of Gov Con M&A and Renewed Interest in Background IP RightsTechnically Still Yours: Court Holds that Contractors May Mark Unlimited Rights Data with a Proprietary Legend

DCAA

GAO: DCAA Built a Valuable Bench of Independent Public Accountants, Now What?ASBCA: Government Can Pursue $151 Million Claim Under CAS 410

Defense Industry

Pentagon Releases Artificial Intelligence StrategyFY26 NDAA Aims to Raise the Dollar Thresholds for the Applicability of CAS and TINA

Domestic Preferences

July 2025 AI Developments Under the Trump AdministrationTrump Administration Issues AI Action Plan and Series of AI Executive Orders

Employment

The Executive Order 11246 Grace Period Ends Today (April 21)DoD is Shrinking its Civilian Workforce: What Contractors Should Know Now

Energy

Opportunities for Advanced Energy Partnerships in the 2nd Trump AdministrationJuly 2025 AI Developments Under the Trump Administration

Escobar

COVID-19 Vaccine Mandate for Federal Contractors Could Pose False Claims Act RiskSenator Grassley and Senior DOJ Official Discuss Potential False Claims Act Changes and Enforcement Priorities

False Claims Act

E-Verify and the False Claims Act: An Emerging Tool in Immigration EnforcementBid Rigging Risk for Government Contractors

FAR

Overhauling the GSA ScheduleRevolutionary FAR Overhaul Seeks to Make Post-Award, Agency-Level Protests More Enticing

FITARA

USSC Issues RFP For Report On Supply Chain IT Vulnerabilities From ChinaDoD IG Report Reveals Ongoing Struggles in IT-Acquisition Reform

FMS and DCS

New Executive Order Targets Reforms to Foreign Military SalesThe Department of Defense Targets FMS Program Enhancements

FOIA

DOJ Issues New Guidance for Treatment of Confidential Information Under Recent Supreme Court FOIA DecisionSupreme Court Shakes Up FOIA Exemption for Confidential Information

Global Trade

Trump Administration Issues AI Action Plan and Series of AI Executive Orders

Government Contracts M&A Issues

Time To Overhaul FAR Part 42?  The Novation Process Can Use An UpgradeThe Proposed FAR Rule on OCIs: Big Changes May Be Coming

Government Contracts Regulatory Compliance

Overhauling the GSA ScheduleE-Verify and the False Claims Act: An Emerging Tool in Immigration Enforcement

GSA Schedule

Overhauling the GSA ScheduleExecutive Order Issued To Expand GSA’s Role in Acquisition of “Common Goods and Services” and Information Technology

Health Care Contracting

Show Me the Documentation: NIH Pushes Grantees to Formalize Subaward / Consortium Agreements   Trump Administration Increases Uncertainty for Pharmaceutical Manufacturing

Independent Research & Development

The Defense Production Act and the Coronavirus Executive Order: Key ConsiderationsA Coronavirus Contractor’s Guide to the Defense Production Act

Inflation Reduction Act

Treasury and IRS Release New Guidance on Inflation Reduction Act Domestic Content Bonus CreditTreasury Releases Long-Awaited Guidance for Domestic Content Bonus Credit Under Inflation Reduction Act

Information Technology Contracting

July 2025 AI Developments Under the Trump AdministrationTrump Administration Issues AI Action Plan and Series of AI Executive Orders

Insurance & Indemnity

Covington Submits Supreme Court Amicus Curiae Brief Addressing Derivative Sovereign Immunity for Government ContractorsAre Federal Contractors Immunized From Vaccination Litigation? Mitigating The Risk Of Civil Liabilities Arising Out Of The COVID-19 Vaccine Mandate

Intellectual Property

Technically Still Yours: Court Holds that Contractors May Mark Unlimited Rights Data with a Proprietary LegendRights in Government-Funded IP: Changes May be on the Horizon

Intellectual Property Rights and Internal Investigations

Technically Still Yours: Court Holds that Contractors May Mark Unlimited Rights Data with a Proprietary LegendSenate Committee Directs DoD to Reduce Drug Prices

International Development

DoD Final Rule Clarifies Application of Afghan Taxes to ContractorsUSAID Publishes Final Rule Extending Partner Vetting to Assistance Awards

Internet of Things (IoT)

July 2024 Developments Under President Biden’s Cybersecurity Executive Order and AI Executive OrderJune 2024 Developments Under President Biden’s Cybersecurity Executive Order, National Cybersecurity Strategy, and AI Executive Order

Jurisdiction

Covington Submits Supreme Court Amicus Curiae Brief Addressing Derivative Sovereign Immunity for Government ContractorsPercipient.ai, Inc. v. U.S.:  Government Requests Reconsideration of Federal Circuit’s Decision on Bid Protest Jurisdiction and Standing

Legislation

FY26 NDAA Aims to Raise the Dollar Thresholds for the Applicability of CAS and TINAForging a Modern Strategic Production Base:  Senate Proposes Stand-Alone Defense-Production Powers for the Pentagon

Maritime

Reintroduced SHIPS Act Signals Continued Momentum for Domestic Maritime Investment

Multiple Award Schedule Contracting

Overhauling the GSA ScheduleGSA Awards First Contracts to Develop an Online Shopping Platform, and the White House Seems to Be Paying Attention

NDAA

FY26 NDAA Aims to Raise the Dollar Thresholds for the Applicability of CAS and TINABIOSECURE Act Moves Closer to Enactment with Inclusion in FY 2026 NDAA Text

OMB Scoring

OIG Report Chronicles Recent Attempts To Construct FBI Headquarters Through Public-Private Partnership, Highlights Proposed Use of Federal Capital Revolving Fund

Privacy

May 2022 Developments Under President Biden's Cybersecurity Executive Order: One Year Anniversary UpdatePresident Biden Signs Critical Infrastructure Ransomware Payment and Cyber Incident Reporting into Law

Procurement Fraud and Internal Investigations

E-Verify and the False Claims Act: An Emerging Tool in Immigration EnforcementBid Rigging Risk for Government Contractors

Procurement Policy

From DAS to WAS:  Secretary Hegseth’s Acquisition Overhaul and What It Means for IndustryContractors Should Not Overlook the Administration’s Call to Action on Commerciality

Procurement Reform

Pentagon Releases Artificial Intelligence StrategyFrom DAS to WAS:  Secretary Hegseth’s Acquisition Overhaul and What It Means for Industry

Public-Private Partnerships

Federal Push for Critical Minerals Stockpiling: 2025 in Review and Outlook for 2026  Opportunities for Advanced Energy Partnerships in the 2nd Trump Administration

Requests for Equitable Adjustment

DoD Releases Updated Guidance for Firm-Fixed-Price Contractors Grappling with InflationDoD Releases Guidance on Inflation and Economic Price Adjustments for Fixed-Price Contracts

SAFETY Act

DHS Cybersecurity Legislation Advances Through Capitol HillOSAI Issues Guidance on the Government Contractor Defense for Certified Anti-terror Technologies

SBIR

Expired:  SBIR/STTR and DPA Authorities in LimboDigital Force Technologies, Inc.:  A “SBIR-Derived Component” Can Be Sufficient For SBIR Phase III

Size Protest

It Takes Two: SBA Proposes Applying “Rule of Two” to Multiple-Award ContractsPublic Comments to Proposed Rule Underscore the Need for Additional Clarity on SBA Recertification Requirements

Small Business

"Show Don't Tell" — GAO Stresses the Importance of Adequately Documenting OCI InvestigationsExpired:  SBIR/STTR and DPA Authorities in Limbo

Socio Economic Procurement Requirements

Public Comments to Proposed Rule Underscore the Need for Additional Clarity on SBA Recertification RequirementsOFCCP 2024 Affirmative Action Program Certifications: What You Need to Know

State and Local Procurements

Expect the Unexpected: How to Navigate State and Local Bid ProtestsState of Emergency: COVID-19, the Stafford Act, and What It All Means for Contractors

Sub-Prime Disputes

Teaming Agreement Challenges for SubcontractorsWaiting For the Final Government Audit May Be Too Late

Subcontracting

New DFARS Clauses Require Defense Contractors to Disclose Work Performed in ChinaDepartment of Labor Requesting Information on Federal Contractor Workplace Diversity Training

Supply Chain

Federal Push for Critical Minerals Stockpiling: 2025 in Review and Outlook for 2026  BIOSECURE Act Moves Closer to Enactment with Inclusion in FY 2026 NDAA Text

Suspension and Debarment

FAR Council Issues Interim Rule Outlining Procedures Relating to Excluded Covered Articles and SourcesDepartment of Defense Debarment Enjoined Due to Procedural Missteps

Trade Agreements Act

COFC Reaffirms Domestic Sourcing Regulations as a Viable Basis for Bid ProtestsThe Trump Tariffs and Federal Contractors: In These Taxing Times, Contractors Have a Duty To Know These Five Things

Transactional Support and M&A Diligence

GAO Recommends Increased Guidance for DOD Mergers & Acquisitions ReviewDOJ Settlement Underscores the Significance of Incorrect Small Business Representations

Uncategorized

Federal Push for Critical Minerals Stockpiling: 2025 in Review and Outlook for 2026  JCIDS, Rewired:  What DoD’s New Requirements Memo Means

Utility Privatization

Strict DoD Sourcing Requirements for PV DevicesDLA Energy Plans to Make Utility Privatizations More Effective and Streamlined

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