On April 1, 2024, the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a final rule updating the Federal Acquisition Regulation (FAR) to add Part 40 on information security and supply
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AI Governance, Bid Protests, Software Attestation
This week’s episode covers an OMB memo directing agencies to advance AI governance and innovation, a bid protest involving compliance with the Trade Agreements Act, and an updated Secure Software Development Attestation Form that…
U.S. Chamber Submits Comments on the FAR Council’s Proposed Rule Regarding Pay Transparency
On January 30, 2024, the FAR Council issued a proposed rule entitled “Pay Equity and Transparency in Federal Contracting” (“Proposed Rule”). The Proposed Rule would: (1) prohibit contractors and subcontractors from seeking and considering information about job applicants’ compensation history…
All Things Protest
Did the Federal Circuit Open Another Jurisdictional Door for Protests?
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and…
Recent Developments from the Federal Government Relating to AI
AI remains a critical focus of both the federal government and industry, with multiple efforts in recent weeks to address governance of the development and use of AI in the United States. On February 26, 2024, a U.S. Department of…
OMB Releases Final Guidance Memo on the Government’s Use of AI
On March 28, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-10, Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (Memo), updating and implementing OMB’s November 2023 proposed memorandum of the same name. The Memo…
It All Adds Up
What’s the Point?
To set the groundwork for future episodes, Nicole Owren-Wiest and Erin Rankin talk fundamentals: What is the purpose behind the often counter-intuitive and complex government contracts cost and pricing rules? What are the various price analysis techniques…
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End User License Agreements, Whistleblower Incentives, GHG Disclosures
This week’s episode covers a Federal Circuit decision holding that an end user license agreement incorporated into another contractor’s agreement was sufficient to establish jurisdiction under the Contract Disputes Act, a new…
Software Developments: CISA Finalizes Attestation Form, Triggering Secure Software Development Implementation
On March 11, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) and the Office of Management and Budget (OMB) published an updated Secure Software Development Attestation Form, meaning that producers of software and providers of products containing software used…
Nuziard v. Minority Business Development Agency: Another Blow To Federally Sponsored Affirmative Action Efforts
On March 5, 2024, a federal judge in Texas struck down a federally-sponsored racial preference extended to minority groups seeking to access capital and government contracts. Nuziard v. Minority Business Development Agency (“Nuziard”). Plaintiffs, who are non-minority business owners, challenged a preference…