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Safer Federal Workforce Posts Update on Contractor Vaccine Mandate

Fri, October 21st 2022
On October 19, 2022, the Safer Federal Workforce Task Force published an update for federal contractors regarding new guidance from the Office of Management and Budget (“OMB”) on the contractor vaccine mandate. For now, despite the recent lifting of the nationwide injunction on enforcing Executive Order (“EO”) 14042 (Sept. 9, 2021), the new guidance says...
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Defense Dept. Issues Updated Guidance on Managing the Effects of Inflation

Thu, September 15th 2022
On September 9, 2022 the Department of Defense (“DoD”) issued updated guidance for DoD contracting officers regarding approaches for addressing inflation related to firm-fixed-price contracts. According to DoD’s press release, the guidance, issued by John M. Tenaglia Principal Director, Defense Pricing and Contracting, is based on “feedback” from DoD acquisition executives about how inflation is...

New SBA Rule: Past Performance Ratings for JV Members and First-Tier Subs, Impacts Large Primes

Wed, August 10th 2022
The Small Business Administration (“SBA”) recently issued a final rule implementing new regulations regarding past performance ratings. Specifically, SBA’s rule provides a mechanism for small businesses to use past performance ratings from work the company performed as a member of a joint venture and as a first-tier subcontractor in certain circumstances. The rule is welcome...
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DoD Issues Memo on Contractual Remedies for Non-Compliance with Cybersecurity Requirements

Fri, July 1st 2022
On June 16, 2022, the Department of Defense (“DoD”) issued a memorandum on cybersecurity compliance, Contractual Remedies to Ensure Contractor Compliance with Defense Federal Acquisition Regulation Supplement Clause 252.204-7012, for contracts and orders not subject to Clause 252.204-7020; and Additional Considerations Regarding National Institute of Standards and Technology Special Publication 800-171 Department of Defense Assessments....

GAO Report: Key Takeaways for DOD Space System Acquisitions

Tue, April 19th 2022
Recently, the U.S. Government Accountability Office (“GAO”) issued a report on the continuing challenges and opportunities for the Department of Defense (“DOD”) in space acquisitions. GAO’s report, which was timely published during the 37th Annual Space Symposium, reflects the current rise of space systems in military and national security operations. The report also unearths challenges...

OFCCP to Require Contractor Pay Equity Analysis as Part of Audit Process

Thu, March 17th 2022
We recently wrote about the Office of Federal Contract Compliance Programs’ (“OFCCP”) upcoming requirement for contractors to certify their affirmative action program (“AAP”) compliance starting March 31, 2022. In forging ahead with its oversight function, on March 15, 2022, the OFCCP issued Directive 2022-01, Pay Equity Audits (the “Directive”), which requires contractors to produce internal...
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