This week’s episode covers an OMB memo that extends the deadline by which agencies must collect attestation letters from software producers certifying their compliance with the NIST Guidance, a proposed DFARS clause implementing revisions to the Buy American Act, an interim rule prohibiting the use of DoD funds to knowingly procure any products mined, produced
On June 9, 2023, the Office of Management and Budget (OMB) released M-23-16, Update to Memorandum M-22-18, which alters key deadlines and clarifies how agencies and software developers can comply with M-22-18. The original memorandum, published in September 2022, required all federal agencies and their software developers to comply with the National Institute of Standards and Technology (NIST) Secure Software Development Framework (SSDF), NIST SP 800-218, and the NIST Software Supply Chain Security Guidance (collectively, NIST Guidance) whenever third-party software is used on government information systems or otherwise affects government information. Continue Reading Softening the Blow: OMB Extends Software Supply Chain Security Deadline and Clarifies Scope
This week’s episode covers GSA’s Acquisition Guidance for Procuring 5G Technology, implementation of OMB’s memo focusing on “No TikTok on Government Devices,” and an ASBCA matter involving intracompany lease payments, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of
As previewed in President Biden’s State of the Union Address, the Office of Management and Budget (OMB) issued a proposed rule and notification of proposed guidance on February 9, 2023 to improve uniformity and consistency in the implementation of Build America, Buy America (BABA) requirements applicable to federally funded infrastructure projects pursuant to the Infrastructure Investment and Jobs Act (IIJA).
This proposed rulemaking builds on preliminary guidance OMB issued on April 18, 2022, shortly before the BABA requirements became effective in May 2022. While the preliminary guidance focused heavily on agency waivers (both in terms of process and criteria), the proposed rule describes how the requirements related to manufactured products, iron and steel, and construction material will be interpreted. Continue Reading Buy America, by Americans—Office of Management and Budget Solicits Industry Input on Harmonizing Domestic Preference Regimes
This week, the Department of Labor (DOL) and Office of Management and Budget (OMB) issued a memo directing all agencies to designate “agency labor advisers” who are responsible for advising agencies on “Federal contract labor matters.” FAR Part 22 contemplates the appointment of “agency labor advisors,” and requires contractors to contact them about potential labor
On January 24, 2021, the Office of Management and Budget (OMB) issued a memo which provides guidance to federal agencies on maintaining a safe federal workplace during the COVID-19 pandemic. This memo instructs federal agencies to require face masks and social distancing in all Federal buildings, as directed by President Biden’s Executive Order (EO) on
Today, August 13, the Office of Management and Budget (OMB) published a series of changes to the OMB Guidance for Grants and Agreements, including the addition of 2 CFR 200.216, Prohibition on certain telecommunication and video surveillance services or equipment, which prohibits grant and loan recipients and subrecipients from using federal funds to
Despite the coronavirus pandemic, the Office of Federal Contract Compliance Programs (OFCCP or “the Agency”) remains busy, and there are several recent developments of which all contractors should be aware. The Office of Management and Budget (OMB) has finally approved the Agency’s new Scheduling Letters, and the OFCCP will soon begin using those for
The General Services Administration (GSA) recently launched a website dedicated to Coronavirus Acquisition-Related Information and Resources. It’s our understanding that the website will be updated regularly and will create a helpful catalogue of public facing guidance, policies, frequently asked questions, and other information generated by federal government agencies on COVID-19-related procurement matters. In addition, the
On March 19, 2020 the Office of Management and Budget (“OMB”) issued Memorandum M-20-17, “Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations.” The memorandum details the administrative relief available to an expanded scope of grant recipients and applicants, both