The U.S. Office of Management and Budget (OMB) has now established a page addressing “Agency Contingency Plans” with myriad links to the plans for a variety of agencies. The OMB webpage also links to FAQs that address what is to be done to conduct an “orderly [government] shutdown” where there is a “lapse in appropriations”.
Latest from Government Contracting Matters
The U.S. Court of Federal Claims Rules that the Defense Logistics Agency Must Buy from a Mandatory Source of Supply
The AbilityOne Program, established by the Javits-Wagner-O’Day (JWOD) Act in 1971, requires federal government agencies to procure certain products and services from community-based nonprofit agencies that employ individuals who are blind or have significant disabilities.
Facts
In a recent U.S. Court of Federal Claims decision, SEKRI, Inc. (SEKRI), a Kentucky nonprofit textile and apparel
White House Announces New Guidance on Evaluating Greenhouse Gas Emissions
On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act (NEPA). CEQ published the guidance in the Federal Register on January 9, 2023, and it is immediately effective for all federal agencies. Nevertheless, the
The Inflation Reduction Act’s Sowing of Biofuels for Future Harvests
More Time to Claim Tax Credits
The Inflation Reduction Act (IRA) is one of the most ambitious pieces of legislation yet aimed at combating climate change and promoting energy independence. Its proponents claim that it will reduce carbon emissions by 40%, relative to 2005 levels, over the next decade by incentivizing new infrastructure developments such
Myth-Busting: New Final FAR Rules Says You Can Speak with Agency Personnel During a Procurement, Or Can You?
On December 1, 2022, the Federal Acquisition Regulatory Council (comprised of both the civilian and military acquisition regulatory councils) issued the final FAR rule on “Effective Communication between Government and Industry.” The final rule becomes effective on December 30, 2022. This final rule is a long time coming.
Dan Gordon, the Office of Federal Procurement
National Defense Authorization Act for Fiscal Year 2023 Bill Passes House and Moves to Senate Where Amendments Are Being Proposed
Fiscal Year 2023 started on October 1 and, without a final set of Department of Defense (DoD) authorizations and appropriations, the DoD currently is operating under continuing resolution. A version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 bill passed the House of Representatives and has been sent to the Senate for
OFCCP Revises Directive on Pay Equity Audits / Compensation Analysis
On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Equity Audits.” The revised Directive states that in order to determine that a contractor has satisfied its obligation to conduct a compensation analysis under 41 CFR § 60-2.17(b)(3),
Growing Issue of Inflation in Government Contracts Supply Chain Leads to DoD Clarification on Potential for Relief
Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance. Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a force majeure, or government imposed contract change, the contractor is stuck with the benefit or lack of benefit of the
SEC Issued Proposed Rule on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure
Increasingly, the Federal government implements a rule for government contractors which then makes its way in some form into all of US industry. Cybersecurity regulations, mandating that government contractors, grant and agreement holders, and their subcontractors, maintain certain security controls and report on cyber incidents, have been in effect for a number of years. Indeed,
Paycheck Protection Program – What Has Changed?
Previously we reported on the various types of loan relief available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020. The Paycheck Protection Program (PPP), implemented by the Small Business Administration (SBA), with support from the Department of the Treasury, is a key program to provide funding