government contract
Federal Acquisition Regulation (FAR) Council Final Rule: Sustainable Procurement
On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration released a final rule that amends the FAR and updates the regulation to align with current environmental and sustainability priorities. This rule requires government agencies to procure sustainable products and services to the maximum extent practicable.Final rules published here Effective May 22, 2024. An Introduction, Small Entity Compliance Guide, and Technical Fixes are available. here, hereand here.
Small Business Administration (SBA) Office of Inspector General (OIG) Report: SBA’s Implementation of the SBIR and STTR Extension Act of 2022
On April 19, SBA's OIG released an audit report on small business sales and investment verification. The OIG found limited assurance for small business verified sales and investments. Additionally, OIG found that small businesses that participated in the SBIR and STTR programs and achieved Phase II awards did not necessarily provide sufficient supporting documentation for all eligible sales. SBA officials noted that small businesses had a short period of time to submit qualifying sales information, which may have led to a lack of sufficient supporting documentation.Full report available here.
Small Business Administration (SBA) Press Release: SBA Statement on Biden-Harris Administration Exceeding Disadvantaged Small Business (SDB) Retrenchment Goals
On April 12, Executive Secretary Isabela Casillas Guzman issued a statement praising President Biden's announcement that the federal government has exceeded its annual target for federal contract dollars awarded to the SDB for the second year in a row. The contracting goal for fiscal year 2023 was set at 12%, and SDB received 12.1% of federal contracts in fiscal year 2023, a record high for a total of $76.2 billion. This was the third-highest total, surpassing the $69.9 billion record set by the Biden-Harris administration last year. Record-breaking award winning streak for his SDB in consecutive years.read more here.
Department of Defense (DOD) Memorandum: Rank Deviation – Special Acquisition Authority for Rapid Contracting for Combatant Commands
On April 15, the Department of Defense announced that under Section 843 of the National Defense Authorization Act for fiscal year 2024, contracting personnel may use temporary special acquisition authority for covered contracts issued in expedited contract response for covered activities. A memorandum of understanding was issued, which became effective immediately.Full text of the memorandum is available here.
Department of Defense (DOD) Memorandum of Understanding: Small Business Participation in Multiple Contracts
On April 19, the Department of Defense issued a memorandum highlighting actions to promote small business participation in multiple contracts and requiring agencies to modify and address actions to promote small business participation. regulations have been formulated.read more here.
Department of Defense (DOD) Press Release: Department of Defense Announces Upcoming Projects Funded by the Accelerating Acquisition and Commercialization of Innovative Technologies Pilot Program (APFIT)
The Office of the Under Secretary of Defense for Research and Engineering (OUSD(R&E)) announced upcoming projects to be funded through the APFIT Pilot Program. This is the second tranche of projects to be selected during fiscal year 2024 and the first tranche awarded after the Department of Defense receives its full fiscal year 2024 appropriation.read more here.
Small Business Administration (SBA) Press Release: SBA Announces Schedule for National Small Business Week Virtual Summit
On April 18, SBA and SCORE announced the schedule for the 2024 National Small Business Week Virtual Summit. This online event will be held for two days from April 30th to May 1st. Participation is free, but registration is required.To register, please visit National Small Business Week Virtual Summit.read more here.
Department of Justice (DOJ) Press Release: Department of Justice Announces Final Rule to Enhance Access to Web and Mobile Apps for People with Disabilities
On April 8, the Department of Justice announced it will issue a final rule under Title II of the Americans with Disabilities Act (ADA) mandating the accessibility of web content and mobile applications to people with disabilities. “This final rule represents the Department of Justice's latest efforts to ensure that no one is denied access to government services, programs, or activities because of a disability,” said Attorney General Merrick B. Garland. ” he said.read more here.
Presentation on upcoming government contracts
PM Webinar: Preparing for major changes to DOT's Disadvantaged Business Enterprise (DBE) program effective May 9, 2024 jackie unger, peter ford, May 8, 2024.read more here.
labor and employment
Equal Employment Opportunity Commission (EEOC) Final Rule and Guidance: Implementing the Pregnant Worker Fairness Act
On April 19, the EEOC released final rules and guidance implementing the Pregnant Worker Fairness Act. This law covers the provision of reasonable accommodations for pregnancy, childbirth, or known limitations of an eligible employee or applicant related to, affected by, or arising from pregnancy, childbirth, or childbirth. Requires business entities. provided that the accommodation would cause an unreasonable hardship to the covered entity's business operations.Final rules and guidance available here Effective June 18, 2024.
Executive Order (EO) 14122: COVID-19 and Public Health.Preparedness and response efforts
On April 17, the Bureau issued an EO revoking EO 13910, “Preventing Hoarding of Health Care Resources in Response to the Spread of the Novel Coronavirus.'' EO 13991, Protecting Federal Employees and Requiring Mask Wearing. EO 13998, Promoting COVID-19 Safety in Domestic and International Travel. EO is available here.
Biden rescinds coronavirus-era executive orders, folds Safer Federal Workforce Task Force; government executives
Last week, the Office of Personnel Management announced new guidance that cancels some COVID-19-related administrative leave while maintaining four hours of paid leave for federal employees to receive booster vaccinations.read more here.
Federal officials can continue to take time off to receive additional COVID-19 shots; federal news network
Although the Federal Workforce Safety Task Force is being abolished, federal employees will still be able to take four hours of paid administrative leave to earn a COVID-19 booster. The Biden administration has now ended many of the policies previously governing agency health and safety responses to the coronavirus disease (COVID-19) pandemic. However, the government continues to offer federal employees work flexibility for the time being.read more here.
HR7887, Access Act, implemented internally
On April 9, Rep. Mace (R-South Carolina) proposed allowing contractors to select employees under the ACCESS Act, which he referred to the Oversight and Accountability Committee. It was done. This bill prohibits imposing minimum experience or education requirements on personnel of a proposed contractor in the solicitation of certain contracts.read more here.
New York becomes the first state in the United States to mandate paid maternity leave. law 360
With Saturday's budget passage, New York becomes the first state in the U.S. to offer paid time off for pregnant employees to attend medical appointments, expanding paid family leave laws and creating up to 20 new hours for this purpose. Established a vacation system.read more here (Subscription required).
construction / labor and employment
Construction industry groups say they can challenge prevailing wage rules; law 360
Several construction trade groups told a federal judge in Texas that they did not need to name specific members to support their claims that the U.S. Department of Labor's final rule regulating prevailing wages would harm them, saying the rule asked the court to allow the lawsuit challenging the law to survive. .read more here (Subscription required).
Corporate governance and organizational governance
Corporate Transparency Act, Effective Use of Power, 11th Cir. Said, law 360
The U.S. Treasury Department told the Eleventh Circuit that the federal district court erred in holding the Corporate Transparency Act unconstitutional and that the lower court misunderstood the law's scope and its relationship to efforts to curb financial crime. he said.read more here (Subscription required).
FTC releases final non-compete proposal, to vote April 23 law 360
The Federal Trade Commission on Tuesday gave a week's notice that it will soon release and vote on the final version of a rule that would effectively ban all noncompete agreements that employers impose on workers.read more here (Subscription required).
Congress can enact corporate transparency, organizations tell 11th Circuit; law 360
Two think tanks told the 11th Circuit in amicus briefs that there is ample evidence that U.S. companies have been used to finance hostile foreign parties, evade sanctions and traffic drugs. Therefore, Congress has the power to require U.S. companies to report their beneficiaries to the federal government.read more here (Subscription required).
Court Plan Immediate Challenge of FTC Non-Compete; law 360
U.S. Chamber of Commerce officials on Monday vowed to immediately challenge an impending Federal Trade Commission rule that would effectively ban all noncompete agreements that employers impose on workers, primarily targeting the FTC's powers. raised concerns focused on opening a “Pandora's Box'' of rulemaking beyond theread more here (Subscription required).
Litigation and dispute resolution
The Supreme Court has complicated DEI programs for employers. bloomberg news
A U.S. Supreme Court ruling that allows a St. Louis police sergeant to sue over what he claims is a discriminatory transfer has been upheld by human rights groups as a “huge victory for workers.” Human rights groups say the courts have made it easier to sue employers. Lawyers have warned that the ruling could threaten diversity programs.read more here (Subscription required).
Judge will consider attorney fees for preliminary injunction; law 360
The U.S. Supreme Court on Monday decided in a case to determine whether litigants can receive attorney fees if they “win” their case by winning a preliminary injunction, even though a final judgment has not been finalized. agreed to try the case.read more here (Subscription required).
Cybersecurity and data privacy
Government Accountability Office (GAO) Report: Cybersecurity, Implementation of Executive Order (EO) Requirements is Critical to Address Key Actions
On April 18, GAO released a report reviewing the implementation of EO 14028, Improving the Nation's Cybersecurity. The order includes requirements to improve federal agencies' ability to identify, protect against, and respond to malicious cyber threats. This report examines (1) the extent to which agencies implemented the leadership and oversight-related requirements of his EO 14028, and (2) the extent to which the order addressed federal cybersecurity challenges. GAO recommends that agencies further document the steps they have taken to comply with his EO.read more here.
AI procurement guidance will be provided to U.S. government agencies this month. bloomberg government
The U.S. government's main procurement arm will add generative artificial intelligence guidance to agency purchases, Zach Whitman, chief AI officer at the General Services Administration, announced Thursday.read more here (Subscription required).
National data privacy standards will preempt national efforts, root fifty
The bill in Congress would supersede laws in more than a dozen states. Although the majority supports national standards, some state leaders and experts are concerned that the bill's preemption provisions are too prescriptive.read more here.
Native American Law and Tribal Advocacy
Government Accountability Office (GAO) Press Release: GAO seeks new members for Tribal and Indian Advisory Council
GAO is seeking nominations for five positions on the Tribal and Indigenous Advisory Council. The council was established in 2022 to provide insights and recommendations and guide GAO's future efforts on important issues affecting tribal nations and their people.read more here.
