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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

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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…

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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 …

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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…

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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…

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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…

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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…

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On March 20, 2020, the Office of Management and Budget (“OMB”) released guidance to agencies heads on managing federal contract performance issues impacted by COVID-19 [Linked here: M-20-18]. The memo and attached Frequently Asked Questions (“FAQs”) focus on the following main issues:

Telework: agencies are encouraged to maximize telework for contractor employees, wherever…

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Continuing his trend of fulfilling the promises set forth in his Contract with the American Voter, President Trump, on January 30, 2017, issued an Executive Order mandating the elimination of at least two existing regulations for every new regulation issued.  In particular, the order explains that “whenever an executive department or agency…publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed.”  In this way, the Administration intends to offset “any new incremental costs associated with new regulations….” Notably, however, the definition of regulation does not include: (1) “regulations issued with respect to a military, national security, or foreign affairs function of the United States”; (2) “regulations related to agency organization, management, or personnel;” or (3) “any other category of regulations exempted by the Director.”
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Continue Reading Trump Administration Seeks to Reduce Regulatory Burdens