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FHWA Rescinds Longstanding Buy America Waiver for “Manufactured Products”

WHAT: On January 14, 2025, less than a week before President Biden left office, the U.S. Department of Transportation’s Federal Highway Administration (FHWA) published a final rule updating its Buy America rules to rescind...more

NDAA Provisions Impacting Government Contractors and Their Supply Chains

On December 18, 2024, the Senate passed the National Defense Authorization Act for Fiscal Year 2025 (NDAA), which the House of Representatives passed the previous week. President Biden is expected to sign the bill into law...more

Ninth Circuit Panel Rejects EO 14026 Contractor Minimum Wage

WHAT: The U.S. Court of Appeals for the Ninth Circuit issued a split decision in Nebraska v. Su holding that Executive Order (EO) 14026, commonly known as the $15 contractor minimum wage, exceeded the President’s authority...more

House Foreign Affairs Committee’s TIGER Task Force Releases Report on Recommendations to Improve the FMS Process

WHAT: The House Foreign Affairs Committee’s Technical, Industrial, and Governmental Engagement for Readiness (TIGER) Task Force has released a report identifying problems with the Foreign Military Sales (FMS) process and...more

FAR Council Publishes Proposed Rule Setting New Requirements for Pay Equity and Transparency

WHAT: The Federal Acquisition Regulatory (FAR) Council has published a proposed rule that would bar contractors and subcontractors from considering covered job applicants’ prior compensation and require disclosure of...more

DOL’s Davis-Bacon Act Overhaul Brings Significant Changes to Federal Construction Contracting

WHAT: Over a year after its notice of proposed rulemaking, the U.S Department of Labor (DOL) published its Final Rule Updating the Davis-Bacon and Related Acts (DBRA) Regulations. The Final Rule spans hundreds of pages of...more

Strengthened Defense Partnership With India Reflects CAT Policy Objectives

WHAT: In a prior alert, we discussed President Biden’s memorandum on the Conventional Arms Transfer (CAT) Policy. There, we mentioned that the U.S. Government is taking steps to improve its processes and programs for...more

DOD Outlines Recommendations to Improve Its Role in the FMS Program

WHAT: Over the past year, there have been indications that changes would be coming to the U.S. Government’s defense trade industry. From the Foreign Military Sales (FMS) Tiger Team established by the U.S. Department of...more

More on FMS Modernization: Second Industry Report Highlights State Department’s Role

WHAT: In a prior alert, we discussed a report from the Aerospace Industries Association (AIA), National Defense Industrial Association (NDIA), and Professional Services Council (PSC) presented to a U.S. Department of Defense...more

Biden Administration Seeks to Promote U.S. Foreign Policy and National Security Objectives Through its Revised Conventional Arms...

WHAT: On February 23, 2023, the same day three major defense industry trade associations publicly released their report to the U.S. Department of Defense’s (DOD) Foreign Military Sales (FMS) Tiger Team on modernizing the FMS...more

FMS Modernization: Major Changes Could Be Coming to DOD’s Outdated Weapons Transfer Program

WHAT: Concerned about competition with China and Russia’s invasion of Ukraine, the U.S. Department of Defense (DOD) in August 2022 established a task force or “Tiger Team” of senior officials to look at ways DOD can...more

DOD Class Deviation Offers Some Relief from SAM UEI Headaches

WHAT: The U.S. Department of Defense (DOD) has issued a class deviation and related instructions pertaining to the procedures for offeror registration in the System for Award Management (SAM.gov)....more

Department of Labor Proposes Rule Implementing EO 14055 Nondisplacement Obligations for SCA-Covered Contracts

WHAT: The nondisplacement rule’s revival continues as the U.S. Department of Labor (DoL) has published its proposed rule to implement Executive Order (EO) 14055, Nondisplacement of Qualified Workers under Service Contracts....more

Blue & Gold Safe For Now: Federal Circuit Holds That a Timely Agency-Level Pre-Award Solicitation Challenge Preserves a...

WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more

Out With the Old, In With the New? Breaking Down DoD’s Other Transaction Authority, Agreements, and Opportunities

Other Transaction (OT) authority and related agreements (OTAs) continue to be all the rage. And why shouldn’t they be? OTAs—particularly those advertised by the U.S. Department of Defense (DoD) for cutting edge prototype and...more

[Webinar] Government Contracts: Are They Really That Different from Commercial Contracts? - November 3rd, 12:00 pm - 1:15 pm EDT

The National Bar Association Commercial Law Section (NBA-CLS) and Wiley Government Contracts attorneys Kendra Perkins Norwood and Ben Phillips are partnering to host a virtual program that will explore the ways doing business...more

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