Leo Tolstoy famously began his 1877 novel Anna Karenina with the observation, “All happy families are alike; each unhappy family is unhappy in its own way.” Much the same could be said of government contractors that find themselves in hot
Government Contracting Matters
Government Contracts & Investigations
Government Contracting Matters, published by Stinson LLP, focuses on legal issues related to government procurement and contracting. The blog covers topics such as federal acquisition regulations, compliance with statutes like the Javits-Wagner-O'Day Act, government shutdown impacts on contracts, procurement consolidation initiatives, and environmental policy considerations affecting government projects. It also addresses tax incentives and regulatory developments relevant to government contractors, including those in renewable energy and biofuels sectors. The blog provides updates on court decisions, executive orders, and administrative guidance that influence government contracting practices and compliance obligations.
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Are You Due for an OFCCP Audit?
The Office of Federal Contract Compliance Programs (OFCCP) just posted its list of companies that are scheduled for an audit of their affirmative action programs here: https://www.dol.gov/agencies/ofccp/foia/library (click on the FY 2020 CSAL links). This is essentially a heads-up from…
CMMC Advisory Board – The Good News First
By Susan Ebner
The Cybersecurity Maturity Model Certification (CMMC) Advisory Board (CMMC AB) made a major announcement on September 16, 2020, announcing that it has trained an initial group of provisional assessors. As an earlier posting explains, the CMMC establishes cybersecurity controls for…
Updates on EEO-1 Reports, Non-Binary Self-Identification, and VETS-4212 Reports
By Amy Conway
EEO-1 Reports
With September upon us, many employers are remembering the prior filing deadline for EEO-1 Reports and wondering what is happening with that obligation. The short answer is that the U.S. Equal Employment Opportunity Commission (EEOC) announced that it…
And Still More Guidance Comes Out on Section 889 Implementation
By Susan Ebner
The saga of what is prohibited and what is covered by an exception to the National Defense Authorization Act, FY 2019, Section 889 prohibition on the use or delivery of covered telecommunications and video surveillance equipment and services continues.
As…
Another (Minor) Step in the Evolution of Section 889(a)(1)(B) Obligations
In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. We previously reported on the Federal Acquisition Regulation (FAR) Interim…
DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation
By Eric Whytsell & Susan Ebner
Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of telecommunications and video surveillance products and services from Huawei, ZTE,…
You Challenge the Award, You Best Come Ready to Play
Just as in golf swings, your follow-through in Government Accountability Office (GAO) protests can mean the difference between success and failure. And if you don’t have a solid argument to bolster your protest grounds, you might want to rethink bringing…
For Federal Contractors, Another Potential Hurdle to Engaging Foreign Labor
On August 3, 2020, the president issued Executive Order No. 13940 on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers. As indicated by the title of the order, the purported underlying policy is to create opportunities,…
Wondering Why Government Contractors Need to Take Cybersecurity Seriously – Criminals and Foreign Adversaries Are Trying to Hack You
By Susan Ebner
Our blogs and alerts have reported on the increasing legislative and regulatory requirements to promote the security of the U.S. supply chain, including its cybersecurity. In the public sector, these requirements are being imposed to facilitate defense against activities that…