Federal Contractors (and Subs) to Certify Affirmative Action Program Compliance Starting March 31

Thu, February 10th 2022
Federal contractors and subcontractors will soon be required to certify, on an annual basis, to the Office of Federal Contract Compliance Programs (“OFCCP”) that they have developed and maintained a written affirmative action program (“AAP”). On February 1, 2022, registration opened for the OFCCP AAP Verification Interface (“AAP-VI” or “Contractor Portal”) and, on March 31,...

GAO: Agencies Must Adequately Explain Why a Superior Technical Offer Warrants Paying a Higher Price

Thu, January 27th 2022
A Government Accountability Office (“GAO”) bid protest decision highlights an important aspect of “best value” in government contracting: a proper tradeoff decision must provide a rational explanation as to why a superior technical proposal warrants paying a higher price. The protest of Alpha Omega Integration, LLC, B-419812; B-419812.2, August 10, 2021, 2021 CPD ¶ 302...

Federal Judge Blocks Contractor Vax Mandate in KY, TN, OH. What States Could Be Next?

Thu, December 2nd 2021
On November 30, 2021, Judge Gregory F. Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction in Commonwealth of Kentucky et al. v. Biden et al. (Case No. 21-cv-00055) that prohibits the federal government “from enforcing the vaccine mandate for federal contractors and subcontractors in all covered...

DoD Announces CMMC 2.0 Program

Fri, November 5th 2021
Yesterday, the Department of Defense (“DoD”) announced Version 2.0 of the Cybersecurity Maturity Model Certification (“CMMC”) Program. Notably, CMMC 2.0 maintains the original CMMC 1.X Program’s goal of safeguarding sensitive information, while: Simplifying the CMMC standard and providing additional clarity on cybersecurity regulatory, policy, and contracting requirements; Focusing the most advanced cybersecurity standards and third-party...

Safer Federal Workforce Federal Contractor Guidance on Vaccine Mandate and Workplace Safety

Thu, October 21st 2021
This Client Alert outlines the critical points for government contractors to know about the Biden Administration’s executive order, regulations, and guidance addressing COVID-19 prevention measures in the workplace. On September 9, 2021, President Biden issued Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”), to promote the economy and efficiency in federal...

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