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On April 28, 2022, the DoD issued a final rule that, effective immediately, requires the government to treat a contract previously awarded using FAR part 12 procedures as a prior commercial item determination (“CID”) for the acquired product or service, unless the head of contracting activity determines that the prior use of FAR part 12

As Congress considers legislation prohibiting government contractors from doing business in Russia, over 20 states have already acted. In this alert, we highlight: (i) how different states are defining Russian business operations, and the corresponding risks to differently situated government contractors; and (ii) unique aspects of certain state actions that contractors need to be aware

As we covered in a prior alert, the recently introduced Federal Contracting for Peace and Security Act (H.R. 7185) could have a profound impact on government contractors. The Act would require termination of existing contracts and prohibit awards, extensions, and renewals of prime contracts and subcontracts with companies doing business in the

On March 23, 2022, a bipartisan group of senators introduced the Preventing Organizational Conflicts of Interest in Federal Acquisition Act. Designed to identify and address potential conflicts of interest in the federal acquisition system, current and prospective government contractors should closely monitor the Act’s progress.

The Act emphasizes the potential for conflicts of interest

As of April 4, 2022, the federal government will stop using the Dun & Bradstreet (D&B) Data Universal Number Systems (DUNS) Number to uniquely identify entities and will fully transition to using the Unique Entity Identifier (UEI). All entities will be using the UEI number for SAM and other government systems (including FPDS.gov, eSRS.gov,

This week’s episode covers the final rule implementing further revisions to the Buy American Act, a proposed rule that would amend the FAR to account for recent changes in the Small Business Administration’s regulations, the NIST Secure Software Development Framework, and the first False Claims Act settlement under the DOJ’s Civil Cyber-Fraud Initiative, and is

This week’s episode covers DoD’s Software Modernization Strategy Memorandum, proposed updates to the DoD’s Mentor-Protégé Program, a GAO report examining the current status of the DoD artificial intelligence weapon systems capabilities, and the National Security Telecommunications Advisory Committee report on Zero Trust and Trusted Identity Management, and is hosted by Peter Eyre and Monica Sterling.

This week’s episode covers increased minimum wage for certain federal contract workers, a protest decision involving proposal misrepresentation, cybersecurity and data safeguarding updates from DOD and NIST, and highlights from the Defense Innovation Unit Annual Report, and is hosted by Peter Eyre and Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast

On February 4, 2022, President Biden signed an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (the “Order”) for federal construction projects valued at $35 million or more. The Order instructs federal agencies to require “every contractor or subcontractor engaged in construction” on projects valued at $35 million or more to “agree, for that project, to negotiate or become a party to” a Project Labor Agreement (“PLA”) with “one or more appropriate labor organizations.”

Federal agencies are authorized to grant exceptions to this PLA requirement under certain defined circumstances. The Order supersedes an executive order issued by then-President Obama in 2009, which had encouraged, but not mandated, the use of PLAs on construction projects valued at more than $25 million. The Order is characterized as a measure that will “promote economy and efficiency in Federal procurement” and advance “small business interests” and represents a noteworthy shift in United States federal labor policy, underscoring President Biden’s commitment to fulfilling his campaign promise to be the most labor-friendly President in history.

The Order applies to all “large-scale construction projects,” defined as a “Federal construction project within the United States for which the total estimated cost of the construction contract to the federal government is $35 million or more.” The Federal Acquisition Regulatory Council (“FAR Council”), in consultation with the President’s Council of Economic Advisers, may adjust this threshold based on inflation. “Construction” is defined to mean “construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.” It appears that the Order does not apply to federally funded projects under the control of state and/or local governments.

Continue Reading President Biden’s Executive Order Mandates Project Labor Agreements for All “Large-Scale” Federal Construction Projects

On January 21, 2022, the District Court for the Southern District of Georgia issued an Order in Georgia v. Biden, No. 2:21-cv-163 (S.D. Ga. Jan. 21, 2022), which responded, in part, to the Government’s requests for clarification regarding the scope of the court’s nationwide injunction of the federal contractor vaccine mandate promulgated under Executive