GOVERNMENT CONTRACTS
Federal Acquisition Regulation (FAR) Final Rule: Reference to Penalty Threshold
On August 29, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a final rule amending the FAR. This rule amends the FAR to align and make consistent penalties for using appropriated funds for lobbying activities. The published rule is available here and will be effective September 30, 2024. The Federal Acquisition Circular Introduction is available here, the Small Entity Compliance Guide is available here, and the Technical Amendments are available here.
Upcoming Government Contract Presentations
TRAINING: Navigating the FAR/DFARS: The Most Confusing and Little-Known Clauses, September 10, 2024, Eric Valle, Daniel Figuenick, III
SEMINAR: 16.207 – Firm-Fixed-Price, Level-of-Effort Term Contracts, September 11, 2024, Isaias “Cy” Alba, IV
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, September 26, 2024, Katherine B. Burrows, Eric Valle
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 1: Government Contracts and Cybersecurity, September 26, 2024, Matthew E. Feinberg, Jacqueline K. Unger, Mark F. Rosenow
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 2: Construction and Workforce Issues, October 1, 2024, Matthew E. Feinberg, Jessica A. duHoffmann, Sarah L. Nash
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations, October 10, 2024, Matthew E. Feinberg, Mark F. Rosenow
WEBINAR: Requests for Equitable Adjustment: Optimizing Recovery from Changes to Government Contracts, October 10, 2024, Lauren Brier
TRAINING: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, October 16, 2024, Katherine B. Burrows, Daniel Figuenick, III
TRAINING: Joint Venture and Mentor-Protege Bidding Strategies, October 17, 2024, Peter B. Ford, Meghan F. Leemon
CONFERENCE: What’s New in GovCon? Important Legal Updates for Government Contractors, October 30, 2024, Isaias “Cy” Alba, IV
LABOR & EMPLOYMENT
The Minority Talent Pipeline Is Growing for the Intelligence Community, but Representation Is Falling, Government Executive
The Office of the National Director of Intelligence’s annual demographic report found that while the Intelligence Community has made strong gains in minority applicants, attrition has led to workforce diversity declines over the past two years. Read more here.
Republicans Criticize EEOC Over Nixed One-Day Furlough, Government Executive
The Equal Employment Opportunity Commission had told employees that they could face a one-day furlough at the end of August due to a budget shortfall. While the agency managed to avoid it, Republican leaders on the House Education and the Workforce Committee criticized the agency for even considering having one, arguing that it shows mismanagement. Read more here.
Upcoming Labor & Employment Presentations
CONFERENCE: Why Should Business Leaders Care About HR? It’ll Cost You If You Don’t, September 27, 2024, Nichole D. Atallah
MERGERS & ACQUISITIONS
Interagency Memorandum of Understanding (MOU): Labor Issues in Merger Investigations
On August 28, the Department of Labor (DOL), National Labor Relations Board (NLRB), Department of Justice (DOJ) Antitrust Division (ATR), and Federal Trade Commission (FTC) signed a MOU to increase labor protections and promote fair competition for antitrust merger investigations. The resources of each agency are intended to support antitrust review for mergers and strengthen worker protection. The MOU is available here.
Upcoming Mergers & Acquisitions Presentations
PM WEBINAR: Navigating M&A in the Manufacturing Industry: Strategies for Success, October 17, 2024, Isaias “Cy” Alba, IV
CONSTRUCTION
Federal Acquisition Regulation (FAR) Proposed Rule: Prohibition on the Use of Reverse Auctions for Complex, Specialized, or Substantial Design and Construction Services
On August 29, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a proposed rule amending the FAR. This rule proposes and requests comments on amendments to the FAR to prohibit the use of reverse auctions for services that exceed the simplified acquisition threshold for services including site planning and design, architecture and engineering, interior design, facility construction, infrastructure, environmental restoration, and alterations or construction of public buildings or works. The rule is available here. Comments close October 28, 2024.
CYBERSECURITY & DATA PRIVACY
Ahead of Mandatory Rules, CISA Unveils New Cyber Incident Reporting Portal, Federal News Network
The Cybersecurity and Infrastructure Security Agency (CISA) has unveiled a streamlined service for reporting cyber incidents, as CISA gears up for new reporting requirements to take effect as soon as next year. CISA is launching the new portal as it prepares to implement landmark cyber incident reporting requirements that cover all 16 critical infrastructure sectors. Read more here.
