On December 27, President Biden signed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act into law. The legislation, ushered through Congress by a bipartisan group of backers, strengthens existing regulations around federal contractor conflict of interest mitigation and provides new requirements for agencies to follow to sniff out potential conflicts of interest.
Continue Reading New Legislation Strengthens Disclosure Requirements for Potential Organizational Conflicts of InterestClarification: You Can Recover for Changes Implementing Executive Orders
The National Defense Authorization Act of 2023 includes a short but interesting provision reminding the Department of Defense (DoD) that the unilateral insertion of a new clause in a DoD contract is a change that may entitle a contractor to compensation. Section 805 of the recently signed legislation amends 10 U.S.C. 3862, “Requests for equitable adjustment or other relief,” inserting the following provision and making conforming amendments:
(c) Treatment of Certain Clauses Implementing Executive Orders.– The unilateral insertion of a covered clause into an existing Department of Defense contract, order, or other transaction by a contracting officer shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Changes clause of the underlying contract, order, or other transaction.
Continue Reading Clarification: You Can Recover for Changes Implementing Executive OrdersDOD’s Mentor Protégé Program Drops “Pilot” From Title as the NDAA Codifies the Initiative
On December 15, the U.S. Senate passed the National Defense Authorization Act (NDAA) for the Fiscal Year 2023 by an 83-11 vote. The annual legislation changes U.S. defense agencies’ policies and regulations and provides necessary guidance for how appropriations can be spent. It is frequently used to implement changes to federal procurement policy, and one of those changes this year is that Section 856 codifies the Department of Defense’s (DOD) Mentor-Protégé Program (MPP) – with some tweaks.
Continue Reading DOD’s Mentor Protégé Program Drops “Pilot” From Title as the NDAA Codifies the InitiativeRegister Now | PubK’s GovCon Annual Review Conference 2023
I am looking forward to presenting a panel titled “Mergers and Acquisitions” for the 2023 PubK’s GovCon Annual Review Conference alongside Susan Gabay (Houlihan Lokey) and Damien Specht (Morrison Foerster LLP). Our session will take place virtually on January 11, 2023, at 4:00pm ET.
For more information and to register, please click here.
DOJ’s Quixotic Defense of the Vaccine Mandate May Undermine Presidential Authority
As we have discussed at length on this blog, for more than a year federal courts have repeatedly held that, for various reasons, President Biden lacked the authority to mandate by executive order that government contractors can force their employees to be vaccinated against COVID-19 as a condition of contracting with the federal government. Even when the government claimed that the vaccines would prevent people from catching or spreading COVID-19, at which time there was arguably a medical basis for a mandate, it was clear that there was no statutory or constitutional basis for the authority asserted in Executive Order 14042.
Continue Reading DOJ’s Quixotic Defense of the Vaccine Mandate May Undermine Presidential AuthorityInflation Relief on Its Way for Government Contractors?
Unprecedented inflation levels have caused substantial hardship on government contractors during the last year – especially those with firm fixed-price contracts. Fortunately, meaningful help may be on its way. The Senate recently passed the National Defense Authorization Act (NDAA) of Fiscal Year 2023, which authorizes future spending of appropriations and outlines Department of Defense (DOD) policy priorities for the next fiscal year.
Continue Reading Inflation Relief on Its Way for Government Contractors?Government Executive Article on Proposed Climate Reporting Rule
Following the Federal Acquisition Regulatory (FAR) Council’s proposed rule requiring federal contractors to disclose climate emissions, I was quoted in a Government Executive article offering perspective on the proposal from leaders in the contracting community.
Continue Reading Government Executive Article on Proposed Climate Reporting Rule
New SBIR and STTR Programs that Promote Small Business Innovation
I authored an article published by Law360 discussing the recent reauthorization of the Small Business Innovation Research (SBIR) and Small Business Technology (STTR) programs. Touted as “America’s Seed Fund,” these programs seek to foster a healthy environment for small business startups to innovate and provide a path to private-sector commercialization of new technologies.
Continue Reading New SBIR and STTR Programs that Promote Small Business Innovation
Register Now | SBIR/STTR Program Reauthorization – Changes Are Coming!
On September 30, President Biden signed the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, reauthorizing the SBIR and STTR programs through September 30, 2025.
Continue Reading Register Now | SBIR/STTR Program Reauthorization – Changes Are Coming!
U.S. Government Brings Its Buying Power to the Fight Against Climate Change
As President Biden prepared to jet off to the United Nations COP27 Climate Summit in Egypt, his administration announced a proposed rule that would dramatically enhance government contractors’ compliance obligations related to climate change.
Continue Reading U.S. Government Brings Its Buying Power to the Fight Against Climate Change