Increasingly, the Federal government implements a rule for government contractors which then makes its way in some form into all of US industry. Cybersecurity regulations, mandating that government contractors, grant and agreement holders, and their subcontractors, maintain certain security controls
Government Contracting Matters
Government Contracts & Investigations
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OFCCP Adopts Two New Directives On Compliance Evaluations and Pay Equity Audits
Effective Compliance Evaluations and Enforcement
On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal employment opportunity laws. The new directive, DIR 2022-02, Effective Compliance…
For DoD Acquisitions Greater than $10 Million, Enhanced Debriefing Is Here to Stay
By Susan Ebner
Effective immediately, the Department of Defense (DoD) Federal Acquisition Regulation (DFARS) issued its final rule to provide enhanced post-award debriefing rights in competitive negotiated contracts, task orders, and delivery orders exceeding $10 million. The final rule applies to DoD acquisitions…
Department of Homeland Security Issues “SHIELDS UP” Advisory for All Organizations Regardless of Size
By Susan Ebner
This week the Department of Homeland Security (DHS) Cybersecurity and Infrastructure Agency (CISA) issued a “SHIELDS UP” advisory. While it does not identify specific threats in the advisory, CISA states that the “Russian government understands that disabling or destroying…
#MeToo Arbitration Ban – Protect Yourself With Prevention
It is all but certain that mandatory arbitration clauses will no longer exist for workplace sexual assault and sexual harassment claims once the expected legislation many refer to as the #MeToo Arbitration Ban is signed by President Biden. Stinson’s Labor,…
Biden Executive Order to Require Project Labor Agreements for Federal Procurement Construction Projects, and More
By Susan Ebner
Once again the President has invoked the Federal Property and Administrative Services Act as the authority for an Executive Order “to promote economy and efficiency.” In his latest Executive Order (EO) issued on Friday, February 4, 2022, President Biden mandated…
DOJ Came Out Swinging with False Claims Act Recoveries in FY 2021
By Susan Ebner
On Tuesday, DOJ released its eagerly awaited False Claims Act (FCA) recoveries for the fiscal year ending September 30, 2021, announcing that DOJ had obtained $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against…
More Administration Actions on the COVID-19 Vaccination Front
By Susan Ebner
The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates.
OSHA withdraws OSHA Emergency Temporary Standard (ETS)
On January 13, 2022, the Administration’s plan to force employers to vaccinate or test more than 84 million employees…
Government Contractor Vaccine Mandate Still Stayed Despite Government Attempts to Overturn
The saga continues. In prior alerts, we have been providing updates and analysis regarding continuing practical and legal challenges to implementing the President’s Path Out of the Pandemic plan, and in particular, the Executive Order 14042 (“EO 14042”) mandating that…
Supreme Court Set to Hear Oral Argument on OSHA Vaccine Rule – What Will This Mean for Government Contractors?
By Susan Ebner
In the latest round of litigation on the rules being rolled out to implement the Biden Administration’s Path Out of the Pandemic, the Supreme Court signed orders yesterday to hold oral argument on January 7th, 2022 on the Sixth Circuit’s…