News & Analysis as of

Federal Acquisition Regulations (FAR) Federal Contractors Executive Orders

PilieroMazza PLLC

Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition

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Government contractors who are members of a tribal nation should be aware of the meetings listed below and a listening session the Small Business Administration (SBA) is hosting regarding important developments within the...more

Smith Anderson

Project Labor Agreements - What Was Optional is Now Mandatory

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In February 2022, President Biden signed Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects, which mandated the use of Project Labor Agreements (“PLA”) for federal construction contracts...more

DirectEmployers Association

OFCCP Week In Review - May 2024 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Bradley Arant Boult Cummings LLP

Domestic Preference Development: New DFARS Buy American Act Requirements

In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more

Epiq

Federal Contractors Face Stricter Regulation Over Cyber Incident Response Reporting

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Last October, the Federal Acquisition Regulation (FAR) Council proposed two new rules, one of which that will influence cyber incident response practices. The scope is limited as it only applies to federal government...more

Bradley Arant Boult Cummings LLP

Déjà Vu for Federal Contractors with Salary History Ban?

On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information...more

Proskauer - Government Contractor Compliance...

Biden Administration Proposes New Pay Inquiry and Transparency Requirements For Contractors

On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Contractors Can Soon Anticipate Rules on Pay Transparency and Salary History for Applicants and Employees

On December 4, 2023, the Federal Acquisition Regulation (FAR) Council submitted a proposed rule on “Pay Equity and Transparency in Federal Contracting” to the White House Office of Management and Budget (OMB) for approval. On...more

PilieroMazza PLLC

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule

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On December 14, 2023, the Department of Labor published a Final Rule implementing Executive Order 14055, Nondisplacement of Qualified Workers Under Service Contracts, effective February 12, 2024. The rule establishes that...more

Schwabe, Williamson & Wyatt PC

Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more

Holland & Knight LLP

Project Labor Agreement Requirement for Large-Scale Construction Becomes Effective Jan. 22

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As enacted by the Biden Administration in February 2022, Executive Order (EO) 140631 and its implementing final rule2 require that all awardees of federal construction contracts for which the total estimated cost of the...more

Miller & Martin PLLC

Project Labor Agreements Required on Federal Construction Projects

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On December 18, 2023, the Federal Acquisition Regulatory (FAR) Council announced its final rule requiring Project Labor Agreements (PLAs) on all federal construction projects valued at $35 million or more...more

Jackson Lewis P.C.

FAR Rule Implements EO-Mandated Use of Project Labor Agreements on Large Federal Construction Projects

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The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement (PLA) requirement for contracts that meet the definition of federal “large-scale construction projects”...more

Littler

OFCCP to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

Littler on

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA)....more

Morrison & Foerster LLP - Government...

National Security And Government Contractor Implications Of Biden AI Executive Order

The Biden administration issued a widely anticipated executive order on artificial intelligence (“AI”) earlier this week. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...more

Paul Hastings LLP

“FAR” Reaching Consequences: Proposed FAR Cybersecurity Requirements Will Add New Obligations for Contractors

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Earlier this month the Federal Acquisition Regulation (“FAR”) Council released two draft rules which would impose new cybersecurity requirements for federal contractors. The proposed rules, Cyber Threat and Incident Reporting...more

Wiley Rein LLP

Update: FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

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WHAT: As we previously reported here, on October 3, 2023, the Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021...more

Sheppard Mullin Richter & Hampton LLP

Two New Cybersecurity Proposed Rules Mean Big Changes for Federal Contractors

On October 3, 2023, the FAR Council released two long-awaited proposed rules for federal contractor cybersecurity stemming from the Biden Administration’s Cybersecurity Executive Order from May 2021 (Executive Order 14028)....more

PilieroMazza PLLC

DOL Increases Hourly Minimum Wage to $17.20 for Federal Contractors Starting January 1, 2024

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Beginning on January 1, 2024, Executive Order 14026 (Order) will raise the minimum wage for workers performing work on or in connection with covered contracts to from $16.20 to $17.20 per hour, a second year of a significant...more

Venable LLP

OMB Pre-Releases Much-Anticipated Rewrite of the Uniform Guidance

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On December 26, 2013, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the "Uniform Guidance"). The...more

Morrison & Foerster LLP - Government...

Proposed Sustainable Procurement Rule Would Streamline Existing Environmental Regulations And Clarify FAR Part 23

The Federal Acquisition Regulation (FAR) Council published on August 3, 2023, a proposed “Sustainable Procurement” rule that reorganizes FAR Part 23 for clarity, moves subparts unrelated to sustainability or material safety...more

Maynard Nexsen

DoD Issues Proposed Rule to Address Domestic Preferences for Defense Contracts

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On June 9, 2023, the Department of Defense (“DoD”) issued a proposed rule to address domestic preferences – the Buy American Act – in DoD procurements. The proposed rule follows updates to the Federal Acquisition Regulation...more

Wilson Sonsini Goodrich & Rosati

Executive Order 14028 Update: OMB Clarifies Cybersecurity Guidance for Federal Contractors; Delays Secure Software Attestation...

On June 9, 2023, the White House Office of Management and Budget (OMB) issued Memorandum M-23-16, which delays implementation of a key secure software attestation requirement. The delay was necessary because the Cybersecurity...more

Miles & Stockbridge P.C.

Proposed Amendment Tightens ‘Buy American’ Thresholds for DoD Procurements

The U.S. Department of Defense (DoD) recently issued a proposed amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) that tightens “Buy American” thresholds for DoD procurements....more

Venable LLP

New DFARS Rule Increases Buy American Act Content Thresholds for DOD Contracts

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The Department of Defense (DOD) has proposed an updated rule in the Defense Federal Acquisition Regulation Supplement (DFARS) to increase Buy American Act content thresholds for federal government contractors under DOD...more

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