government contract
Federal Acquisition Regulation (FAR) Council Final Rule: Establishment of FAR Part 40
On April 1, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced a final rule amending the FAR to add framework for new FAR sections on information security and supply chain security. The creation of this new FAR part does not implement any information security and supply chain security policies or procedures. This amendment only establishes a new portion of his FAR.Published final rule is available here Effective from May 1, 2024.Introduction is available here.Small Entity Compliance Guide Available here.
Small Business Administration (SBA) Amendment: 8(a) Business Development Program Ownership and Control and Contractual Support Requirements
On March 28, the SBA issued an amended amendment to correct a technical error in the definition of a substantive bundle. Federal Register On April 27, 2023, a final rule entitled “8(a) Business Development Program Ownership and Control and Contractual Support Requirements'' was enacted. The definition of substantive bundles, as it relates to blanket purchase agreements (BPA), improperly limited substantive bundles to BPAs entered into against U.S. General Services Administration (GSA) schedule contracts. This notice removes that restriction and the definition of a substantial bundle now applies to all of his BPAs, not just those entered into with his GSA schedule agreements.It is possible to fix here Effective March 28, 2024.
Department of Defense (DOD): Memorandum of Understanding: Withdrawal of Memorandum of Understanding on “Treatment of Non-Traditional Defense Contractors”
On March 26, the Department of Defense issued a memorandum effective immediately rescinding the March 21, 2024 memorandum, “Treatment of Nontraditional Defense Contractors.'' The full text of the memorandum is available. here.
General Services Administration (GSA) Proposed Rule: GSA Acquisition Regulation (GSAR) System of Contract Money Management (SAM) Statement for Lease
On March 27, GSA released a proposed rule to amend the GSAR, removing the requirement that lease applicants have an active SAM registration when submitting an offer and instead obtaining an active SAM registration. The offer was allowed until the conclusion of the contract.Proposed rules are available here. Comments will close on May 27, 2024.
Government Accountability Office (GAO) report:
- Space acquisition, analysis of two Department of Defense reports to Congress: This Q&A report discusses two reports released in 2020 and 2022 by the Department of Defense and the Air Force, which oversees the Space Force. The report included recommendations to improve space acquisition, including establishing an acquisition policy specific to the development of space-related technologies. Many of the recommendations are consistent with GAO's previous findings and recommendations.Full report available here.
- Small Business Research Program, Improving Performance Standards May Impact Few Companies That Win Multiple Awards: On March 29, GAO announced that most small businesses meet Congressional requirements, raising the bar for small businesses that receive the most awards, and that small businesses face serious consequences if they do not meet the requirements. The company released a report that found that very few.Full report available here.
Witnesses push for Pentagon acquisition reform; melitalk
The Department of Defense's (DOD) traditional procurement system is too slow and incrementally innovative to compete, witnesses said at a Senate hearing last week.read more here.
Presentation on upcoming government contracts
PM Webinar: PilieroMazza Annual Review: Lessons learned from 2023 contract claims and appeals decisions will influence approach to litigation in 2024 lauren brier, Jonathan “John” R. Neri, April 18, 2024.read more here.
Webinar: Contracting and subcontracting for small and medium-sized enterprises; Isaias “Sai” Alba IV, April 19, 2024.read more here.
construction / labor and employment
Federal Acquisition Regulation (FAR) Council Notice: Certain FAR Part 22 Labor Requirements
On March 29, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration released Executive Order (EO) 14063, Notice and Request for Comments on the Use of Project Labor Agreements (PLAs) on Federal Construction Projects. The EO requires federal agencies to require the use of PLAs for large federal construction projects with an estimated total government cost of $35 million or more, unless an exception applies. Agencies still have discretion to require PLAs for federal construction projects that do not meet the $35 million threshold. The information that offerors and contractors must submit to comply with FAR Part 22 includes: FAR 52.222-2, Payment of Overtime Premiums. FAR 52.222-6, Construction Wage Requirements and Standard Form (SF) 1444; FAR 52.222-11, Subcontracting (Labor Standards) and SF 1413; FAR 52.222-18, Child Labor Knowledge Certification for Listed End Products. FAR 52.222-33, Notice of PLA Requirements. FAR 52.222-34, People's Liberation Army; FAR 52.222-46, Professional Employee Compensation Evaluation.notification is available here. Comments will close on April 29, 2024.
Governor directs Pennsylvania to make greater use of project labor agreements; law 360
Pennsylvania Gov. Josh Shapiro on Wednesday urged state agencies to consider including project collective agreements (pre-employment collective agreements that cover multiple contractors and labor unions) on all major capital projects. He announced that he would give instructions.read more here (Subscription required).Directives are available here.
Construction group files lawsuit over federal project collective agreement rulesBloomberg Law
Construction industry groups are asking a Florida federal court to strike down a General Services Administration rule that requires contractors to enter into project collective bargaining agreements on federal construction projects totaling more than $35 million. Plaintiffs claim the rule increases the cost of federal projects.read more here (Subscription required).
Construction groups claim current wage rules are unconstitutional; law 360
Construction organizations say the U.S. Department of Labor is trying to illegally expand the reach of the Davis-Bacon Act, which established the final rule regulating prevailing wages, and asked a Texas federal court to shriek the rule. I asked.read more here (Subscription required).motion is available here.
labor and employment
House Conservatives reconsider pay and benefit cuts for federal workers in budget document; government executives
The Republican Research Committee's budget proposal for fiscal year 2025 would significantly reduce retirement and health care benefits for federal employees and halt annual across-the-board pay raises.read more here.
States argue that Prez does not have the authority to raise wages for contractors. law 360
Four states tell the 9th Circuit that the Biden administration's $15-an-hour minimum wage for federal contractors is illegal and that the government misinterpreted a statement of statutory purpose as a broader regulatory obligation. he claimed.read more here (Subscription required).Summary is available here.
Presentation on future labor and employment
PM Webinar: New wave of pay transparency requirements impact employers and federal contractors Sarah L. Nash, Sarah N. Strosser, April 4, 2024.read more here.
Webinar: From compliance to competitiveness: Revised DBA rules will reshape the working environment for construction contractors. Nicole D. Atala, Sarah L. NashApril 5, 2024. here.
meeting: Right pricing – current impact on costs and pricing strategy; Nicole D. Atala, April 18, 2024.read more here.
Cybersecurity and data privacy
Office of Management and Budget (OMB):
- Notice: Responsible Sourcing of Artificial Intelligence (AI) in Government: On March 29, OMB issued a Notice and Request for Information on Responsible Sourcing of AI. OMB is seeking information on strengthening the AI market and managing AI performance and risk. Commenters are also asked to provide feedback on topics they believe impact the procurement of AI by federal agencies.notification is available here. Comments will close on April 29, 2024.
- Memorandum of Understanding: Advancing Governance, Innovation, and Risk Management for Government Agencies’ Use of Artificial Intelligence (AI): On March 28, OMB issued a memorandum directing agencies to advance AI governance and innovation while managing risks from the use of AI in the federal government, especially those that impact the rights and safety of citizens. Did. New agency requirements include strengthening AI governance, promoting responsible AI innovation, and managing risks from the use of AI.Full text of the memorandum is available here.
Department of Homeland Security (DHS) Proposed Rule: Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA)
On April 4, DHS announced a proposed rule implementing the law's covered cyber incidents and ransom payment reporting requirements for covered entities. CISA is seeking comment on the proposed rule to implement CIRCIA's requirements and on several practical and policy issues related to implementing these new reporting requirements.Proposed rules are available here. Comments are due on his June 3, 2024.
Federal Trade Commission (FTC) Press Release: FTC releases 2023 Privacy and Data Security Update
The FTC's 2023 Privacy Policy highlights the FTC's efforts to protect consumer privacy and respond to evolving ways that companies use consumer data, including the development of artificial intelligence models and the misuse of health data. Released data security updates. This update details the agency's efforts related to AI, health privacy, and other key areas.read more here.
The Department of Defense wants to help small contractors strengthen their cybersecurity. defense one
The new strategy outlines how the Department of Defense plans to strengthen security and strengthen relationships across the industrial base.read more here.
California releases interim guidelines for use of GenAI; law 360
California announced on Thursday that public sector generative artificial intelligence will be used by state leaders in preparation for considering a pilot project in which all state agencies will use the technology by July, following an executive order from Gov. Gavin Newsom issued last year. issued interim guidelines for procurement, use, and training. Year.read more here (Subscription required).memorandum is available here.
Upcoming Cybersecurity and Data Privacy Presentations
Webinar: CMMC latest information Nicole D. Atala, Daniel Figenick III, April 8, 2024.read more here.
