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Inside Government Contracts

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Artificial Intelligence (AI)

White House Issues New Cybersecurity Executive OrderCISA Releases AI Data Security Guidance

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

Digital Force Technologies, Inc.:  A “SBIR-Derived Component” Can Be Sufficient For SBIR Phase IIIThe Proposed FAR Rule on OCIs: Big Changes May Be Coming

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

FY2025 NDAA: Congressional Efforts to Bolster U.S. Resilience Against Chinese Tech and InfluenceBARDA Announces New Solicitation Opportunities for 2024

Buy American

Federal Highway Administration Publishes Final Rule Rescinding Longstanding Buy America Waiver for Manufactured ProductsFederal Highway Administration Announces Proposed Rule Ending 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

U.S. Federal and State Governments Moving Quickly to Restrict Use of DeepSeekFY2025 NDAA: Congressional Efforts to Bolster U.S. Resilience Against Chinese Tech and Influence

CHIPS Act

Trump Administration Issues Executive Orders that Seek to Shape CHIPS Program and Promote Domestic Mineral ProductionNational Security Update – Departments of Commerce and Treasury Release Notice of Proposed Rulemaking Regarding CHIPS “Guardrails”

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

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”

Congressional Action

ROUTERS Act on the Horizon: U.S. House Passes New LegislationBiden Administration Rulemakings at Risk for Congressional Review Act Cancellation in New Congress

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

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

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

Cybersecurity

White House Issues New Cybersecurity Executive OrderCISA Releases AI Data Security Guidance

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

GAO: DCAA Built a Valuable Bench of Independent Public Accountants, Now What?Reintroduced SHIPS Act Signals Continued Momentum for Domestic Maritime Investment

Domestic Preferences

Federal Highway Administration Publishes Final Rule Rescinding Longstanding Buy America Waiver for Manufactured ProductsTreasury and IRS Release New Guidance on Inflation Reduction Act Domestic Content Bonus Credit

Employment

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

Energy

New Executive Actions Address the Defense Acquisition System, U.S. Maritime Industries, Foreign Military Sales, and “Unlawful” RegulationsTimeline of Key Developments Related to Recent Executive Actions: April Edition

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

Justice Department Establishes Civil Rights Fraud Initiative, Using False Claims Act to Target DEICongress Attempts to Revitalize the Program Fraud Civil Remedies Act

FAR

Early Signs of Progress in the “Revolutionary FAR Overhaul”Trump Administration Issues Two Executive Orders Seeking To Remake Federal Procurement

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

Government Contracts M&A Issues

The Proposed FAR Rule on OCIs: Big Changes May Be ComingPublic Comments to Proposed Rule Underscore the Need for Additional Clarity on SBA Recertification Requirements

Government Contracts Regulatory Compliance

GAO: DCAA Built a Valuable Bench of Independent Public Accountants, Now What?ROUTERS Act on the Horizon: U.S. House Passes New Legislation

GSA Schedule

Executive Order Issued To Expand GSA’s Role in Acquisition of “Common Goods and Services” and Information TechnologyContractors Had a Strong Success Rate Before the CBCA in FY 2023

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

Executive Order Issued To Expand GSA’s Role in Acquisition of “Common Goods and Services” and Information TechnologyFY2025 NDAA: Congressional Efforts to Bolster U.S. Resilience Against Chinese Tech and Influence

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

Reintroduced SHIPS Act Signals Continued Momentum for Domestic Maritime Investment

Maritime

Reintroduced SHIPS Act Signals Continued Momentum for Domestic Maritime Investment

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

FY2025 NDAA: Congressional Efforts to Bolster U.S. Resilience Against Chinese Tech and InfluenceCongress Attempts to Revitalize the Program Fraud Civil Remedies Act

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

April 2025 AI Developments Under the Trump AdministrationMarch 2025 AI Developments Under the Trump Administration

Procurement Reform

Trump Administration Issues Two Executive Orders Seeking To Remake Federal ProcurementDoD is Shrinking its Civilian Workforce: What Contractors Should Know Now

Public-Private Partnerships

Renewed Effort to Support Commercial Shipbuilding Capacity and the Domestic Maritime IndustryPresident Biden Issues Executive Order on National Biotechnology and Biomanufacturing Initiative

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

Digital 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

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

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

Trump Administration Issues Executive Orders that Seek to Shape CHIPS Program and Promote Domestic Mineral ProductionDOD Office of Strategic Capital Begins Its Direct Lending Efforts to Secure U.S. Industrial Base

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

The Trump Tariffs and Federal Contractors: In These Taxing Times, Contractors Have a Duty To Know These Five ThingsTrade Agreements Act Certifications Undergo New Scrutiny

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

DOD Office of Strategic Capital Begins Its Direct Lending Efforts to Secure U.S. Industrial BaseWondering Whether Your IDIQ Award Will Be Subject to CAS?  New Rules May Be Coming Soon from the CAS Board.

Utility Privatization

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

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