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 Authority

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?

You are reading Bass, Berry & Sims’ new enforcement roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox every month.

To stay up to date, subscribe to our GovCon & Trade blog. If you have questions about any of the actions mentioned and how they relate to your business, contact our firm’s international trade team. We welcome your feedback and encourage sharing this newsletter with anyone interested.

Following an active October, enforcement actions and regulatory policy changes slowed in November. With that said, the actions taken in November involved some novel topics and provide several insights to glean.

Continue Reading International Trade Enforcement Roundup – November 2022

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

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

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!

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

You are reading Bass, Berry & Sims’ new enforcement roundup, where we bring notable enforcement actions, policy changes, interesting news articles and a bit of our insight to your inbox every month.

October 2022 was an active month for enforcement, with the Department of Treasury updating Committee on Foreign Investment in the United States (CFIUS) guidelines and the Departments of Justice (DOJ) and Commerce (DOC) taking multiple actions. To stay up to date, subscribe to our GovCon & Trade blog. If you have questions about any of the actions mentioned and how they relate to your business, contact our international trade team. We welcome your feedback and encourage sharing this newsletter with anyone who may be interested.

Continue Reading International Trade Enforcement Roundup – October 2022

I am looking forward to presenting a panel titled “Mentor Protégé Step by Step for SBA and DoD” for the APTAC Fall 2022 Conference on Wednesday, November 9, 2022 at 1:00 p.m. EDT. The conference is taking place at the Hyatt Regency Washington on Capitol Hill on November 6-10, 2022.  For more information, please click here.

The Infrastructure Investment and Jobs Act (IIJA) is a historic investment in our nation’s roads, bridges, railways, airports and transportation systems. The bill appropriates $550 billion to physical infrastructure projects, requires stricter enforcement of the prompt payment rule for small businesses, and places a particular emphasis on the Disadvantaged Business Enterprise (DBE) Program.

Continue Reading Proposed Rule for DBE Program Comes as Infrastructure Money Begins to Flow