We are looking forward to presenting a training webinar titled, “Nuts and Bolts of Teaming Agreements” for the Maryland Procurement Technical Assistance Center (Maryland PTAC). In this one-hour webinar, you will get answers to questions such as:
In a memorandum circulated during “National Sunshine Week” celebrating the importance of open government, Attorney General Merrick Garland directed heads of executive agencies and departments to favor transparency and disclosure when considering Freedom of Information Act (FOIA) requests. The memorandum was released in the wake of bipartisan calls for increased Department of Justice (DOJ) guidance on agency FOIA responses. In February, six Democrat and Republican lawmakers co-signed a letter asking the Attorney General to issue a “clear message” to improve transparency and “encourage agencies to improve FOIA implementation.” The letter cited a 2021 Government Accountability Office report finding that agency’s use of FOIA’s limited disclosure exemptions had increased 135% between 2012 and 2019. This increased reliance on exemptions drove a 76% increase in partial denials and a 10% increase in full denials of FOIA requests in the same period.
Continue Reading New FOIA Guidelines Favor Transparency
With a contracting budget approaching $650 billion per year, the United States government is the largest consumer of goods and services globally. In 2020, the federal government spent $145 billion, an equivalent of 26% of its total procurement spending, with small businesses. Breaking into government contracting can be a tremendous opportunity for small and emerging
Over the past year, the Biden administration has issued a number of labor and employment executive orders applicable to government contractors. Some of those requirements are updates to Obama-era executive orders, while others are new. Together, these obligations, which include an almost 50% increase to the applicable minimum wage, can have a significant impact on contractors.
For any government contractors that have questions about these labor and employment changes, we hope you can join us for an overview of these recent developments.Continue Reading [WEBINAR] What Was Old is New Again – Government Contractor Labor & Employment Updates
On February 4, President Biden signed the Executive Order on Use of Project Labor Agreements for Federal Construction Projects, which mandates, with limited exceptions, that contractors and subcontractors working on federal construction projects valued at $35 million or more agree that for that project, the companies will “become a party to a project labor agreement [PLA] with one or more appropriate labor organizations.” A prior EO issued by President Obama, which the recent EO drew liberally from, encouraged the use of labor agreements on large construction projects, but we are not aware of any prior EO mandating their use.
Continue Reading Union Labor or Bust! Project Labor Agreements Now Required for Large Federal Construction Projects
Last week, the District Court for the Eastern District of California denied the defendant’s motion for summary judgment of a False Claims Act (FCA) count against Aerojet Rocketdyne (Aerojet) for allegedly fraudulently inducing the government to enter into federal contracts when the company knew it was not compliant with cybersecurity requirements.
The order contains important lessons for government contractors in the emerging area of FCA liability based on noncompliance with cybersecurity obligations. While the litigation is ongoing and may ultimately be resolved in Aerojet’s favor, the order demonstrates the growing importance of cybersecurity compliance.Continue Reading Government Contractors Face False Claims Act Liability for Cybersecurity Non-Compliance
The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future. Only one, an interim final rule applicable to employees at healthcare facilities receiving Medicare and Medicaid funds, is still
On December 8, 2021, President Biden issued Executive Order (EO) 14057 “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability.” The EO is the administration’s most recent effort to achieve “a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050.”
Federal agencies, government suppliers, and American businesses are urged to embrace the administration’s sustainability objectives and attain cleaner and more sustainable operation standards.
The EO describes the Biden administration’s efforts to adopt green technology by focusing on five aspects.Continue Reading Biden’s “Clean Energy” Directive’s Impact on Government Contractors
As the legal battles over the Biden administrations vaccine mandate for federal contractors continue, I authored an article for Law360 published on December 22, 2021 discussing significant rulings limiting the mandate’s enforcement in matters brought by multiple states.
After the U.S. District Court for the Eastern District of Kentucky ruled on November 30 to prohibit enforcement of the mandate against contractors and subcontractors in Kentucky, Ohio and Tennessee, the U.S. District Court for the Southern District of Georgia issued an injunction on December 7 prohibiting such enforcement nationwide. On December 16, the U.S. District Court for the Western District of Louisiana issued a third injunction prohibiting enforcement of the mandate, which was limited to the plaintiff states.
In addition to detailing the arguments and legal considerations weighed by the court in each case, I offered insight on what contractors can do now as additional cases are heard around the country, particularly as related matters head for January 7 oral arguments at the U.S. Supreme Court (announced shortly after Law360 published my article).Continue Reading Injunctions May Only Pause the Government Contractor Vaccine Mandate
A 2016 Government Accountability Office (GAO) report noted that the Office of Federal Contract Compliance Programs (OFCCP) did not have an official method of validating contractors’ affirmative action plans or programs (AAP) compliance. GAO recommended that OFCCP progress from an “honors” or self-representation system to a mechanism that regularly monitors AAP compliance. In September 2020, OFCCP published a notice seeking comment on the possibility of an annual AAP certification and verification process.
On December 2, 2021, the U.S. Department of Labor (DOL) announced that federal service and supply contractors and subcontractors presently required to create and maintain written AAPs will also be required to certify whether they meet annual AAP requirements. Certification will be through a secure online Contractor Portal developed and monitored by OFCCP. Contractors can also upload their AAPs to the portal during a compliance evaluation. Certifying compliance in the Contractor Portal does not exempt a contractor or subcontractor from compliance evaluations. Contractors and subcontractors that are only construction and not supply and service contractors are not required to certify AAP compliance.Continue Reading OFCCP’s New Affirmative Action Program Oversight Tool