This week’s episode covers the designation of agency labor advisors, a proposed rule implementing the data rights portions of Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directive, the dismissal of a challenge to the recent Executive Order and implementing regulation raising the minimum wage for contractors, and the Strengthening VA
DFARS Proposed Rule on SBIR/STTR Data Rights and the Marking of Unlimited Rights Data
On December 19, 2022, DoD issued a DFARS proposed rule that seeks to (1) implement the data-rights portions of the May 2, 2019 Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directive (SBIR/STTR Policy Directive), and (2) impose significant changes to technical data and computer software marking requirements. The SBIR/STTR portion of the proposed rule follows DoD’s advance notice of proposed rulemaking issued on August 31, 2020 (see 85 FR 53758) and incorporates the eight written public comments that DoD received. The proposed changes to marking requirements go beyond the SBIR/STTR Policy Directive and respond to the Federal Circuit’s decision in The Boeing Co. v. Secretary of the Air Force, 983 F.3d 1321 (Fed. Cir. 2020).
Fastest 5 Minutes: OCIs and FY23 NDAA
This week’s episode covers the recently enacted Preventing Organizational Conflicts of Interest in Federal Acquisition Act, an update on a proposed rule regarding disclosure of greenhouse gas emissions, and key provisions from the FY23 National Defense Authorization Act, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a
President Biden Signs New Legislation to Identify and Mitigate Organizational Conflicts of Interest in Federal Acquisition
On December 27, 2022, President Biden signed into law the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (S.3905) to strengthen the current rules relating to identification and mitigation of organizational conflicts of interest (OCIs) in federal acquisition. The Act focuses on updating the current FAR provision, Subpart 9.5, to provide clear definitions, examples
Fastest 5 Minutes: Procurement Collusion Strike Force, Zero Trust Strategy
This week’s episode covers the Procurement Collusion Strike Force’s new partnerships and focus areas, DOD OIG’s annual report identifying the DoD’s most serious management and performance challenges, and DOD’s Zero Trust Strategy that provides a roadmap for achieving the DoD’s target cyber defense goals by the end of fiscal year 2027, and is hosted by
Fastest 5 Minutes: GAO and ASBCA Annual Reports, Climate-Related Disclosures
This week’s episode covers annual reports from GAO and the ASBCA, a proposed rule regarding disclosure of greenhouse gas emissions and climate-related financial risk, and new requirement to refer any suspected instances of human trafficking to suspension and debarment officials, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes”
President Biden Signs Bipartisan Legislation Requiring Agencies to Refer Potential Human Trafficking Matters for Suspension/Debarment Consideration
On October 17, 2022, President Biden signed the End Human Trafficking in Government Contracts Act of 2022 (“the Act”) into law, amending the 2013 National Defense Authorization Act (“2013 NDAA”) to require U.S. government agency heads to refer any suspected instances of human trafficking to the agency’s suspension and debarment official (“SDO”) for consideration and
Fasted 5 Minutes: Record Retention, Cost Reimbursement Contracting, SBIR
This week’s episode covers an ASBCA decision about retention of employee time cards, a DOD OIG Report about cost reimbursement contracting, and the Small Business Innovation Research and Small Business Technology Transfer Extension Act of 2022, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast
Congress Passes Last Minute Three-Year SBIR/STTR Reauthorization Including New National Security-Related Restrictions and Requirements
On September 30, 2022, President Biden signed the SBIR and STTR Extension Act of 2022 (the Act), reauthorizing the Small Business Innovation Research (SBIR), Small Business Technology Transfer (STTR), and six pilot programs for three years, until September 30, 2025. The Act includes new due diligence and reporting requirements, award restrictions, and clawback provisions related to national security risks—particularly regarding firms with ties to China, Russia, North Korea, and Iran—and increased minimum performance standards for multiple SBIR/STTR award winners. The passage and signing of the Act averted a potential lapse of these programs, which were set to expire the day of the reauthorization.
Fastest 5 Minutes: CFIUS, DOJ Enforcement Policy, Software
This week’s episode covers a new executive order sharpening the current U.S. foreign investment screening process, important updates to DOJ’s criminal enforcement policy, and new software supply chain security requirements from OMB, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief