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Government Shutdown Instructions from OMB

The U.S. Office of Management and Budget (OMB) has now established a page addressing “Agency Contingency Plans” with myriad links to the plans for a variety of agencies.  The OMB webpage also links to FAQs that address what...more

Now is Your Chance to be Heard on the FCC’s New Proposed Drone Regulations

The 30-day clock is about to start for comments on the Federal Communications Commission’s (FCC) Notice of Proposed Rulemaking seeking industry input on whether and how to regulate the wireless communications used to operate...more

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more

The Inflation Reduction Act’s Sowing of Biofuels for Future Harvests

The Inflation Reduction Act (IRA) is one of the most ambitious pieces of legislation yet aimed at combating climate change and promoting energy independence. Its proponents claim that it will reduce carbon emissions by 40%,...more

Myth-Busting: New Final FAR Rules Says You Can Speak with Agency Personnel During a Procurement, Or Can You?

On December 1, 2022, the Federal Acquisition Regulatory Council (comprised of both the civilian and military acquisition regulatory councils) issued the final FAR rule on “Effective Communication between Government and...more

Ongoing Uncertainty Surrounds COVID-19 Vaccine Mandates for Government Contractors

The patchwork collection of state and federal requirements applicable to COVID-19 vaccination continues to remain in flux. Beginning December 2021, there was a nationwide stay in the implementation of Executive Order 14042's...more

National Defense Authorization Act for Fiscal Year 2023 Bill Passes House and Moves to Senate Where Amendments Are Being Proposed

Fiscal Year 2023 started on October 1 and, without a final set of Department of Defense (DoD) authorizations and appropriations, the DoD currently is operating under continuing resolution.  A version of the National Defense...more

DC Circuit Sets FCA Offset Standard to Limit What the Government Can Recover in USA v. Honeywell International Inc.

The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment.  Under the FCA, contractors that falsely certify their compliance...more

The Impact of the New Inflation Reduction Act on Infrastructure Initiatives

Congress has injected yet another wave of stimulus funding as the Biden Administration attempts to shape the future of America’s infrastructure. On August 16, 2022, President Biden signed into law House Bill 5376, known as...more

Check Your LED Lighting Supplies and Construction Materials or It Could Cost You

Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as...more

Growing Issue of Inflation in Government Contracts Supply Chain Leads to DoD Clarification on Potential for Relief

Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance.  Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a...more

SEC Issued Proposed Rule on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

Increasingly, the Federal government implements a rule for government contractors which then makes its way in some form into all of US industry.  Cybersecurity regulations, mandating that government contractors, grant and...more

For DoD Acquisitions Greater than $10 Million, Enhanced Debriefing Is Here to Stay

Effective immediately, the Department of Defense (DoD) Federal Acquisition Regulation (DFARS) issued its final rule to provide enhanced post-award debriefing rights in competitive negotiated contracts, task orders, and...more

Department of Homeland Security Issues “SHIELDS UP” Advisory for All Organizations Regardless of Size

This week the Department of Homeland Security (DHS) Cybersecurity and Infrastructure Agency (CISA) issued a “SHIELDS UP” advisory.  While it does not identify specific threats in the advisory, CISA states that the “Russian...more

Biden Executive Order to Require Project Labor Agreements for Federal Procurement Construction Projects, and More

Once again the President has invoked the Federal Property and Administrative Services Act as the authority for an Executive Order “to promote economy and efficiency.” In his latest Executive Order (EO) issued on Friday,...more

More Administration Actions on the COVID-19 Vaccination Front

The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates. OSHA withdraws OSHA Emergency Temporary Standard (ETS) - On January 13, 2022, the Administration’s...more

Government Contractor Vaccine Mandate Still Stayed Despite Government Attempts to Overturn

The saga continues.  In prior alerts, we have been providing updates and analysis regarding continuing practical and legal challenges to implementing the President’s Path Out of the Pandemic plan, and in particular, the...more

Supreme Court Set to Hear Oral Argument on OSHA Vaccine Rule – What Will This Mean for Government Contractors?

In the latest round of litigation on the rules being rolled out to implement the Biden Administration’s Path Out of the Pandemic, the Supreme Court signed orders yesterday to hold oral argument on January 7th, 2022 on the...more

Georgia District Court Places Nationwide Stay on the Government Contractor Vaccination Mandate

Following an expedited briefing schedule and hearing, the U.S. District Court for the Middle District of Georgia has issued a nationwide preliminary injunction staying implementation of the government contractor vaccination...more

Georgia v. Biden Places Nationwide Stay on the Government Contractor Vaccination Mandate

Breaking news – Following an expedited briefing schedule and hearing, the United States District Court for the Southern District of Georgia, in Georgia v. Biden, No. 21-cv-00163, has issued a nationwide preliminary injunction...more

White House Fact Sheet Results in Additional Questions for Government Contractors

On November 4, 2021, the White House released a fact sheet on the issuance of new OSHA ETS and CMS Rules and also addressed some changes to the previously announced EO 14042 federal contractor vaccination mandate. During last...more

Mandatory COVID-19 Vaccination Rule for Government Contractors Continues to Develop

We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more

Update on Vaccine Requirements and Roll Out of the Path out of Pandemic Plan

We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration's Path...more

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