On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that increased the minimum wage paid by government contractors to $15 an hour.
Continue Reading Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage CaseScope and Impact of the FTC’s Non-Compete Rule for Employers
On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to reshape how employers approach employment agreements.
Continue Reading Scope and Impact of the FTC’s Non-Compete Rule for EmployersNew Rule Requires Agencies to Procure Sustainable Products and Services
On April 22, the Department of Defense, General Services Administration, and National Aeronautical and Space Administration (NASA) promulgated a final rule amending the Federal Acquisition Regulation (FAR) to implement an agency requirement to procure sustainable products and services to the maximum extent practicable.
Continue Reading New Rule Requires Agencies to Procure Sustainable Products and ServicesCFIUS Update: Larger Penalties, Sharper Monitoring
On April 11, the U.S. Treasury Department promulgated a Notice of Proposed Rulemaking (NPRM) amending the regulations that govern the operations of the Committee on Foreign Investment in the United States (CFIUS) to increase penalties on offenders, expand CFIUS authority to request information, and tighten the time frame parties have to respond to drafts of mitigation agreement terms. CFIUS is the U.S. government’s interagency body that reviews potential national security concerns resulting from foreign investments in and acquisitions of U.S. businesses.
Continue Reading CFIUS Update: Larger Penalties, Sharper MonitoringRegister Now: The Rules and Risks of Federal Grant-Funded Construction Webinar
Your company, which has never had a federal grant or contract, was just awarded a $10 million grant to fund a much-needed construction project. Now what? Register for our upcoming webinar that will answer this question and more. Continue Reading Register Now: The Rules and Risks of Federal Grant-Funded Construction Webinar
New Enforcement Plan, Recent Court Filing Can Help Flesh Out UFLPA Obligations
On April 5, the Department of Homeland Security (DHS) announced a plan to crack down on illicit trade in the textile industry. The announcement comes as DHS has been urged, especially by the textile industry, to more proactively and fully enforce the Uyghur Forced Labor Prevention Act (UFLPA), including adding parties to the UFLPA Entity List.
Continue Reading New Enforcement Plan, Recent Court Filing Can Help Flesh Out UFLPA ObligationsBid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Security Act) and the solicitation’s System for Award Management (SAM) registration requirements. GAO disagreed with the Department of State’s (or Agency) arguments, holding that Pernix Federal LLC’s (Pernix) submissions complied with all requirements of the prequalification process and the solicitation.
Continue Reading Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility IssuesOFCCP Requires Affirmative Action Program Certification by July 1
On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and subcontractors have until July 1 to sign in and certify they have developed, and continue to maintain, AAPs.
Continue Reading OFCCP Requires Affirmative Action Program Certification by July 1Bid Protest Minute: Avoiding the Timeliness Trap
On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely.
Continue Reading Bid Protest Minute: Avoiding the Timeliness TrapFinal Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
On March 12, the Department of Defense (DOD) promulgated a final rule that expands the eligibility criteria for the Defense Industrial Base (DIB) Cybersecurity Program, a voluntary initiative aimed at bolstering the DIB’s ability to safeguard critical information.
Continue Reading Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria