Topics Artificial Intelligence (AI) Every Quarter, On the Quarter: BIS Proposes New Reporting Requirements for the Development of Advanced Artificial Intelligence Models and Possession of Large-Scale Computing ClustersAugust 2024 Developments Under President Biden’s AI Executive Order Audits Contractors Had a Strong Success Rate Before the CBCA in FY 2023DoD OIG Audit: What SDVOSBs Need to Know Bid Protests Percipient.ai, Inc. v. U.S.: Government Requests Reconsideration of Federal Circuit’s Decision on Bid Protest Jurisdiction and StandingTrade Agreements Act Certifications Undergo New Scrutiny 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 BARDA Announces New Solicitation Opportunities for 2024Key Topics to Watch as Congress Works to Fund Next Year’s DoD Budget Buy American Federal Highway Administration Announces Proposed Rule Ending Longstanding Buy America Waiver for Manufactured ProductsDOD Issues Final DFARS Rule Implementing Increased Buy American Restrictions for Defense Procurements CARES Act Paycheck Protection Program Expands and Offers Opportunity for Second Draw LoansDefense Contractors Say Section 3610 and Other Contractor Support Measures Require Relief CHIPS Act National Security Update – Departments of Commerce and Treasury Release Notice of Proposed Rulemaking Regarding CHIPS “Guardrails”Biden Administration Announces Priorities for the Implementation of the CHIPS Act of 2022 Claims and Contract Disputes You Can’t Always Get What You Want: ASBCA Channels Rolling Stones and Awards Contractor $4.9 Million in Delay DamagesWondering Whether Your IDIQ Award Will Be Subject to CAS? New Rules May Be Coming Soon from the CAS Board. Commercial Items Contractors Had a Strong Success Rate Before the CBCA in FY 2023New Final Rule Replaces “Commercial Item” Definition and Implements Definitions for “Commercial Products” and “Commercial Services” 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 Are Federal Contractors Immunized From Vaccination Litigation? Mitigating The Risk Of Civil Liabilities Arising Out Of The COVID-19 Vaccine MandateFifth Circuit Reaffirms Breadth of Yearsley Immunity For Government Contractors 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 Wondering Whether Your IDIQ Award Will Be Subject to CAS? New Rules May Be Coming Soon from the CAS Board.ASBCA Issues Annual Report, Providing Data on How Often Contractors Prevail Costs Wondering Whether Your IDIQ Award Will Be Subject to CAS? New Rules May Be Coming Soon from the CAS Board.ASBCA Issues Annual Report, Providing Data on How Often Contractors Prevail 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 Cybersecurity Every Quarter, On the Quarter: BIS Proposes New Reporting Requirements for the Development of Advanced Artificial Intelligence Models and Possession of Large-Scale Computing ClustersAugust 2024 Developments Under President Biden’s AI Executive Order 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 ASBCA: Government Can Pursue $151 Million Claim Under CAS 410FCA Defendants May Be Able to Recover Attorney Fees Under Their Fixed-Price Contracts, At Least For Now Defense Industry Every Quarter, On the Quarter: BIS Proposes New Reporting Requirements for the Development of Advanced Artificial Intelligence Models and Possession of Large-Scale Computing ClustersYou Can’t Always Get What You Want: ASBCA Channels Rolling Stones and Awards Contractor $4.9 Million in Delay Damages Domestic Preferences Treasury and IRS Release New Guidance on Inflation Reduction Act Domestic Content Bonus CreditFederal Highway Administration Announces Proposed Rule Ending Longstanding Buy America Waiver for Manufactured Products Employment Bigger Pay Days Are Coming for Some Federal Contract Workers in 2025Office of Federal Contract Compliance Programs Releases New Guidance on the Use of Artificial Intelligence in Federal Contracting Employment Processes Energy Department of Energy Office of Inspector General Management Challenges Report: Key Findings and InsightsRFI Begins to Chart Course for Federal Clean Energy Procurements 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 Tick-tock, the Court Starts the Clock: Deconflicting the FCA and Rule 4(m) of the FRCPThird-Party Funding and the Constitutionality of Qui Tam Suits After Polansky FAR Trade Agreements Act Certifications Undergo New ScrutinyNew Proposed Rule on Pay Equity and Transparency in Federal Contracting 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 The Department of Defense Targets FMS Program EnhancementsU.S. Foreign Military Sales Bounce Back FOIA DOJ Issues New Guidance for Treatment of Confidential Information Under Recent Supreme Court FOIA DecisionSupreme Court Shakes Up FOIA Exemption for Confidential Information Government Contracts M&A Issues It’s Time to Re-Imagine FAR Subpart 42.12: Ways to Improve the Novation Process Government Contracts Regulatory Compliance Bigger Pay Days Are Coming for Some Federal Contract Workers in 2025Every Quarter, On the Quarter: BIS Proposes New Reporting Requirements for the Development of Advanced Artificial Intelligence Models and Possession of Large-Scale Computing Clusters GSA Schedule Contractors Had a Strong Success Rate Before the CBCA in FY 2023The End of CSP and PRC Requirements? — GSA’s TDR Pilot Program Faces Further Internal Criticism 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 New Guides Released Relating to Secure Software Development RequirementsJuly 2024 Developments Under President Biden’s Cybersecurity Executive Order and AI Executive Order Insurance & Indemnity Are Federal Contractors Immunized From Vaccination Litigation? Mitigating The Risk Of Civil Liabilities Arising Out Of The COVID-19 Vaccine MandateFifth Circuit Reaffirms Breadth of Yearsley Immunity For Government Contractors 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 Percipient.ai, Inc. v. U.S.: Government Requests Reconsideration of Federal Circuit’s Decision on Bid Protest Jurisdiction and StandingPercipient.ai, Inc. v. U.S.: Matters of Contract Administration Can Be Fair Game For COFC Protests, Even When They Involve a Task Order Multiple Award Schedule Contracting GSA Awards First Contracts to Develop an Online Shopping Platform, and the White House Seems to Be Paying AttentionNot So Fast Guy: Recent GAO Decision Provides Rule For When Agency Deadlines Are Unreasonably Short NDAA Chips on the Table: FAR Council Releases Advance Notice of Proposed Rulemaking to Implement Prohibition on Purchase and Use of Certain SemiconductorsKey Supply Chain Provisions of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2024 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 Amici Curiae Submit Brief Urging Supreme Court to Adopt “Objectively Reasonable” FCA Knowledge StandardDOJ Records Historic False Claims Act Recoveries in FY 2021 Procurement Policy DoD Rolls Out Proposed Changes to Prototype OTA RegulationsJune 2024 Developments Under President Biden’s Cybersecurity Executive Order, National Cybersecurity Strategy, and AI Executive Order Procurement Reform More Bang for the Government’s Buck: The Biden Administration Announces the Better Contracting InitiativeKey Domestic Sourcing Provisions of the House and Senate Versions of the Fiscal Year (FY) 2024 National Defense Authorization Act (NDAA) Public-Private Partnerships President Biden Issues Executive Order on National Biotechnology and Biomanufacturing InitiativeBiden Administration Announces Priorities for the Implementation of the CHIPS Act of 2022 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 Size Protest Updates to FAR Small Business Recertification Requirements: More Clarity, More ComplexityFinal Rule Revises Many SBA Regulations Small Business Updates to FAR Small Business Recertification Requirements: More Clarity, More ComplexityKey Topics to Watch as Congress Works to Fund Next Year’s DoD Budget Socio Economic Procurement Requirements OFCCP 2024 Affirmative Action Program Certifications: What You Need to KnowUpdates to FAR Small Business Recertification Requirements: More Clarity, More Complexity 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 Bigger Pay Days Are Coming for Some Federal Contract Workers in 2025June 2024 Developments Under President Biden’s Cybersecurity Executive Order, National Cybersecurity Strategy, and AI Executive Order 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 Trade Agreements Act Certifications Undergo New ScrutinyFederal Highway Administration Announces Proposed Rule Ending Longstanding Buy America Waiver for Manufactured Products 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 Wondering Whether Your IDIQ Award Will Be Subject to CAS? New Rules May Be Coming Soon from the CAS Board.Department of Commerce Issues Proposed Rule to Regulate Infrastructure-as-a-Service Providers and Resellers Utility Privatization Strict DoD Sourcing Requirements for PV DevicesDLA Energy Plans to Make Utility Privatizations More Effective and Streamlined
