On July 28, 2022, the United States Department of Transportation (“DOT”) published a Request for Information (“RFI”) on the implementation of the Infrastructure Investment and Jobs Act’s Build America, Buy America Act (“BABA”). As discussed in our previous post,
Inside Government Contracts
Procurement Law and Policy Insights
June 2022 Developments Under President Biden’s Cybersecurity Executive Order
This is the fourteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions…
Department of Defense Debarment Enjoined Due to Procedural Missteps
The Eastern District of New York has enjoined a New York contractor’s federal debarment, in a rebuke of agency debarment actions that fail to honor contractors’ procedural rights. On July 8, 2022, part supplier Precision Metals Corporation (“Precision”) was granted…
One Week Remains for Covered Contractors and Subcontractors to Complete Certification in the OFCCP’s Contractor Portal
All existing supply or service contractors (at the prime and subcontract level) that meet the OFCCP’s jurisdictional thresholds must register and certify compliance with the AAP requirements. New contractors have 120 days to develop their AAP(s), and must register and…
DOJ Settlement Underscores the Significance of Incorrect Small Business Representations
The Department of Justice (“DOJ”) recently announced a $5.2 million settlement with Numet Machining Techniques, LLC and affiliated entities (collectively, “Numet”) concerning alleged misrepresentations of size and ownership in connection with pursuing U.S. Government contracts. The Numet settlement is an…
DoD Releases Guidance on Inflation and Economic Price Adjustments for Fixed-Price Contracts
In response to industry-wide questions about price adjustments for economic inflation, the Department of Defense (DoD) has released guidance about when and how contracting officers may provide financial relief to contractors working on fixed-price contracts. The guidance generally discourages contracting…
May 2022 Developments Under President Biden’s Cybersecurity Executive Order: One Year Anniversary Update
This is the thirteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key…
Federal Government Issues Multi-Billion Dollar Notices of Funding Opportunity for Broadband Programs
Last Friday, the National Telecommunications and Information Administration (“NTIA”) took a major step in furtherance of the Biden Administration’s goal of connecting all Americans to broadband by releasing its widely anticipated Notice of Funding Opportunity (“NOFO”) for the landmark $42.5…
April 2022 Developments Under President Biden’s Cybersecurity Executive Order
This is the twelfth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions…
Federal Debarments and Suspensions Hit Ten Year Low, According to FY 2020 Report
On April 18, 2022, the government released its annual report on federal suspension and debarment activities for FY 2020. The report is published by the Interagency Suspension and Debarment Committee (“ISDC”) to fulfill its obligation annually to update Congress on…