U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the vaccine mandate on all federal landlords and their...more
12/9/2021
/ Administrative Procedure Act ,
Biden Administration ,
Commercial Leases ,
Constitutional Challenges ,
Contract Terms ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Landlords ,
OMB ,
Preliminary Injunctions ,
Public Procurement Policies ,
Scope of Authority ,
Subcontractors ,
Vaccinations
U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on all federal...more
With the announcement of a revamped Cybersecurity Maturity Model Certification (known as CMMC 2.0),1 for the third time in five years, the U.S. Department of Defense (DOD) announced new, comprehensive cybersecurity standards...more
12/8/2021
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Interim Final Rules (IFR) ,
National Security ,
NIST ,
Popular ,
Qui Tam
U.S. District Court Judge Gregory Van Tatenhove of the Eastern District of Kentucky on Nov. 30, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on federal...more
12/2/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Preliminary Injunctions ,
Scope of Authority ,
Subcontractors ,
Tenth Amendment ,
Vaccinations
In the ever-shifting landscape surrounding the landlord (and contractor) vaccine mandate, a federal judge has ruled against the federal government and issued a preliminary injunction that prohibits enforcement of the vaccine...more
12/2/2021
/ Biden Administration ,
Commercial Leases ,
Constitutional Challenges ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Landlords ,
OSHA ,
Preliminary Injunctions ,
Scope of Authority ,
Tenth Amendment ,
Vaccinations
The Biden Administration on Nov. 4, 2021, announced that it is revising the deadline for the federal contractor vaccination requirement from Dec. 8, 2021, to "no later than January 4, 2022." The White House is revising the...more
The Safer Federal Workforce Task Force released updated Frequently Asked Questions (FAQs) for Federal Contractors on Nov. 1, 2021, regarding its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors...more
11/4/2021
/ Affiliates ,
Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Discipline ,
Employer Mandates ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Good Faith ,
Masks ,
New Guidance ,
Public Employees ,
Public Employers ,
Reasonable Accommodation ,
Religious Accommodation ,
Safety Precautions ,
SBA ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Workplace Safety
Over the past two weeks, the long-expected vaccine mandate for government contractors and landlords has been issued and is being implemented at a rapid pace. First, on Sept. 9, 2021, President Joe Biden issued an Executive...more
10/19/2021
/ Biden Administration ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Landlords ,
Public Contracts ,
Subcontractors ,
Vaccinations ,
Workplace Safety
Earlier this week, the U.S. Department of Justice (DOJ) announced the launch of its new Civil Cyber-Fraud Initiative — an effort designed to harness the department's knowledge in civil fraud enforcement, government...more
10/11/2021
/ Biden Administration ,
Certification Requirements ,
Corporate Counsel ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Justice (DOJ) ,
DFARS ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
Whistleblowers
The U.S. Citizenship and Immigration Services (USCIS), a component of the U.S. Department of Homeland Security (DHS), has issued a request for information (RFI) seeking information from industry, and in particular small and...more
9/28/2021
/ 8(a) Program ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
HUBZone ,
NAICS ,
Request For Information ,
SDVOSB ,
Small Business ,
USCIS ,
WOSB
The Federal Acquisition Regulatory (FAR) Council published three final rules on Aug. 11, 2021, amending the FAR to implement changes mandated by various National Defense Authorization Acts (NDAAs) and to homogenize the FAR...more
8/13/2021
/ Administrative Procedure ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
HUBZone ,
NDAA ,
Public Procurement Policies ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business ,
Subcontractors ,
Women-Owned Businesses
Late last year in the Holland & Knight blog post, "DOD's New IP Rules May Impact Contractors' Rights in Computer Software and Technical Data," the firm reported on new intellectual property (IP) rules proposed by the U.S....more
Defense contractors may soon face changes to their rights in computer software and technical data. The U.S. Department of Defense (DOD) has proposed revisions to the Defense Federal Acquisition Regulation Supplement (DFARS)...more
The U.S. Small Business Administration (SBA) issued a final rule on Oct. 16, 2020, consolidating its Mentor-Protégé programs and making several potentially significant changes to other aspects of SBA's government contracting...more
11/3/2020
/ Acquisitions ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Mergers ,
Multiple Award Contracts ,
NAICS ,
NDAA ,
Regulatory Requirements ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business ,
Tribal Corporations ,
WOSB
The Office of Management and Budget (OMB) recently issued Final Guidance revising sections of OMB Guidance for Grants and Agreements (Uniform Guidance). The Final Guidance – the first major revision to the Uniform Guidance...more
The U.S. Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) released a prepublication version of an interim final rule that will bar contractors from...more
With some areas of the United States starting to reopen, recipients are beginning to ramp up for performance on federal grant projects. But many aspects of the reopening phase and recipients' ability to timely ramp-up remain...more
The president signed into law on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), providing $2.2 trillion of emergency appropriations. The CARES Act provides a wide range of economic relief...more
4/28/2020
/ CARES Act ,
Congressional Oversight ,
Coronavirus/COVID-19 ,
False Claims Act (FCA) ,
GAO ,
Government Investigations ,
Inspector General ,
Oversight Committee ,
Paycheck Protection Program (PPP) ,
Regulatory Oversight ,
SBA Lending Programs
The CARES Act included language permitting the Federal Reserve Board to establish a "Main Street Lending Program," or other similar program or facility to support lending to small and mid-sized businesses. Toward this end,...more
4/22/2020
/ CARES Act ,
Comment Period ,
Coronavirus/COVID-19 ,
Credit Facilities ,
Federal Reserve ,
Financial Stimulus ,
Main Street Lending Programs ,
Main Street New Loan Facility ,
Relief Measures ,
Special Purpose Vehicles ,
Term Sheets ,
U.S. Treasury
The U.S. Department of Defense (DoD) has released additional information relative to implementation of Section 3610 of the recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act. ...more
The Federal Reserve Board and U.S. Department of the Treasury Secretary Steven Mnuchin on April 9, 2020, announced new and expanded measures aimed at providing up to $2.3 trillion in relief to U.S. businesses, states and...more
Attorneys Eric Crusius, Amy Fuentes, Kelsey Hayes and Vijaya Surampudi co-authored an article describing the major issues they expect government contracting professionals to face in the coming year. For example, the...more
3/2/2020
/ CFIUS ,
Compliance ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Huawei ,
LPTA ,
Mentor-Protege Program ,
NDAA ,
OFCCP ,
SBA ,
Supply Chain ,
Whistleblowers
Veteran-Owned Business Priority -
In 2016, the U.S. Supreme Court surprised many by hearing a bid protest concerning the application of the "Rule of Two" for veteran-owned small businesses in procurements run by the U.S....more
2/26/2020
/ Administrative Reconsideration ,
Bid Protests ,
Competitive Bidding ,
Department of Veterans Affairs ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
Kingdomware Techs. Inc. v United States ,
Look-Back Measurement Period ,
Office of Hearings and Appeals (OHA) ,
Prime Contractor ,
Rule of Two ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business ,
Veterans ,
VOSB
Federal Circuit Affirms Decision of the Armed Services Board of Contract Appeals Finding the Government Suffered No Harm Resulting from Contractor's Technical Noncompliance with Cost Accounting Rules: Defense v. Northrop...more
1/13/2020
/ Contract Modification ,
Cost Accounting Standards (CAS) ,
Court of Federal Claims ,
Defense Contracts ,
Defense Sector ,
Deficit Reduction ,
Failure To State A Claim ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Motion to Dismiss ,
Performance Bonds ,
Subcontractors ,
Subject Matter Jurisdiction ,
Third-Party Beneficiaries ,
US Department of State
On Friday, December 13, the FAR Council issued a second interim rule implementing Section 899(a)(1)(A) of the 2019 National Defense Authorization Act. The interim rule adds annual representations to SAM.gov relating to...more