This week’s episode covers a GAO protest regarding the Procurement Integrity Act and a U.S. Supreme Court decision narrowing the scope of federal bribery law, and is hosted by Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government
This week’s episode covers a proposed rule to replace the phrase “significant deficiency” with “material weakness” for the government’s evaluation of contractor business systems, a GAO report on Defense Counterintelligence and Security Agency’s current cybersecurity policies and procedures, and a nationwide preliminary injunction that halts the U.S. Department
On June 24, 2024, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction, stopping the U.S. Department of Labor (“DOL”) from enforcing three key elements of regulations related to the Davis-Bacon Act and Related Acts (“DBA” or “Act”). The court order issued in Associated General Contractors v. U.S. Department of Labor will provide significant comfort and certainty to contractors that perform work on federally funded construction projects.
Continue Reading Nationwide Injunction Halts Key Provisions of Davis-Bacon Act RegulationsOn May 30, 2024, the Department of Defense (DoD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 803 of the 2023 National Defense Authorization Act, which modified 10 U.S.C. § 3455 to provide additional guidance regarding data requirements needed to support determinations of commerciality and price reasonableness under procurements for major weapon systems. The rule applies to products that (i) have not previously been deemed commercial by the DoD; and (ii) are proposed as either a subsystem of a major weapon system or as a component or spare part of a major weapon system or subsystem.
Continue Reading Commerciality Guidance for Major Weapon System ProcurementsThis week’s episode covers a final rule regarding commerciality and price reasonableness under procurements for major weapon systems, a DOD pilot program involving employee-owned businesses, and an update on the Procurement Collusion Strike Force, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5
This week’s episode covers cybersecurity updates, a proposed rule regarding prohibition on semiconductors produced by certain Chinese manufacturers, DOL guidance entitled “Artificial Intelligence and Equal Employment Opportunity for Federal Contractors,” and two settlements under the civil False Claims Act, and is hosted by Peter Eyre and Yuan Zhou. Crowell
This week’s episode covers a final rule updating the FAR to add Part 40 on information security and supply chain security, a notice of proposed rulemaking detailing how companies will have to comply with the Cyber Incident Reporting for Critical Infrastructure Act of 2022, and a bid protest
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 must be used by certain software producers and suppliers of products containing software, and is
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 DOJ pilot program to incentivize whistleblowers to report corporate misconduct by offering monetary rewards, and
This week’s episode covers DoD’s Defense Innovation Unit report about actions to maintain U.S. technological superiority, DOJ’s plans to address the dangers posed by AI technology by seeking sentencing enhancements for crimes committed using AI technology, and a GAO decision involving a situation in which an offeror’s proposal was