One of President Trump’s campaign themes was ending diversity, equity, inclusion (DEI) programs, and he moved quickly to address those campaign promises. Within days of his inauguration, the president issued two executive orders (EOs) overhauling how the federal government views programs seeking to advance DEI priorities.
Continue Reading Implementation of Trump DEI Orders Slower than Expected: What Contractors Should KnowGovernment Contracts
District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement
By Richard Arnholt on
Posted in Government Contracts, Labor & Employment
On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI) programs do not violate applicable federal anti-discrimination law and prohibited the termination of the plaintiff’s Women in Apprenticeship and Nontraditional Occupations (WANTO) grant on the basis that it was “equity-related.”
Continue Reading District Court Blocks Department of Labor Enforcement of Contractor DEI Certification RequirementWhite House Announces “Revolutionary FAR Overhaul”: What to Know
By Richard Arnholt & Todd Overman on
Through a duo of Executive Orders (EOs), issued on April 15 and 16 respectively, President Trump announced “a first-of-its-kind overhaul of Federal procurement policy.” The rewrite represents a once-in-a-generation opportunity to make an incredibly complex system more efficient and user friendly. With that said, while the president positions the changes as an effort of “increase[ing] competition and efficiency while decreasing costs,” the devil is in the details. Below we discuss areas of emphasis for the Trump administration, the short-term implications of the Federal Acquisition Regulations (FAR) rewrite, and explore important considerations that could inform what the final version of “FAR 2.0” looks like.
Continue Reading White House Announces “Revolutionary FAR Overhaul”: What to KnowKey Takeaways from DOJ’s Continued Cybersecurity Enforcement
By Denise Barnes & Taylor Sample on
On March 25, the U.S. Department of Justice (DOJ) announced a $4.6 million settlement with MORSECORP, Inc. (MORSE) over its alleged failures to satisfy cybersecurity requirements for federal defense contractors.
False Claims Act Gives Broad Dismissal Authority to Government, District Judge Says
By Richard Arnholt & Denise Barnes on
On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in the lawsuit.
Continue Reading False Claims Act Gives Broad Dismissal Authority to Government, District Judge SaysNew False Claims Act Settlement Highlights Importance of Voluntary Self-Disclosures and Due Diligence
By Richard Arnholt on
Posted in False Claims Act, Government Contracts
According to an April 1 Department of Justice (DOJ) press release, DRI Relays Inc. (DRI), a subsidiary of TE Connectivity Corporation (TEC) and manufacturer of electrical relays and sockets used on military platforms, agreed to pay $15.7 million to settle allegations that it violated the False Claims Act (FCA). The company supplied military parts that failed to meet the required military testing specifications, while falsely certifying that they did. The settlement highlights the benefits of self-disclosures, the importance of robust diligence during the acquisition process, and the lengthy nature of some FCA investigations.
Continue Reading New False Claims Act Settlement Highlights Importance of Voluntary Self-Disclosures and Due DiligenceChanges to Government Contracting and Grants Under the Trump Administration
By Richard Arnholt & Adam Briscoe on
Posted in Government Contracts
We recently authored an article for Federal News Network discussing how to navigate Trump administration changes to government contracting and grants.
Continue Reading Changes to Government Contracting and Grants Under the Trump AdministrationTrump Administration Revises SBA’s Small Business Goals
By Richard Arnholt on
On January 24, the SBA announced updated small business contracting goals for fiscal year 2025, significantly decreasing some goals and standardizing targets across federal agencies. These changes bring the small business targets more closely in line with historic targets.
Continue Reading Trump Administration Revises SBA’s Small Business GoalsSBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”
On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small Business Administration (SBA) regulations prohibit awards to concerns where a merger or acquisition occurs, resulting in the new business becoming “large,” within 180 days of the initial offer rather than a final proposal revision. This understanding follows the general rule that SBA determines a concern’s size as of the date of the initial offer. We explore the decision and its implications below.
Continue Reading SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”Fourth Circuit Terminates Maryland District Court’s DEI Injunction
On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” We wrote about the district court’s injunction here and here.
Continue Reading Fourth Circuit Terminates Maryland District Court’s DEI Injunction