The EU elections began on Thursday, May 23, and run to Sunday, May 26. These are likely to see a significant change in the make-up of the European Parliament, with the main center-left and center-right parties losing overall control. It will also kick off formally the process for appointing a new European Commission – which,
AI Update: OECD Adopts AI Policy Guidelines
On May 22, 2019, the thirty-six member countries, including the United States, of the Organization for Economic Cooperation and Development (the “OECD”) adopted a set of guidelines (“OECD Guidelines”) for the development and use of artificial intelligence (“AI”). Six countries not in the OECD, namely Argentina, Brazil, Colombia, Costa Rica, Peru and Romania, also were
Proposed Rule Offers Foreign Military Sales as a Potential Pathway to Commerciality
Earlier this month, the FAR Council issued a proposed rule to expand the definition of “commercial item” under the Federal Acquisition Regulation (FAR) to include certain items sold in substantial quantities to foreign governments. This new rule implements section 847 of the National Defense Authorization Act (NDAA) for FY 2018 (Pub. L. 115-91), and has
IoT Update: The UK Announces Plans for New Connected Device Laws
On May 1, 2019, the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) launched a public consultation (“Consultation”) regarding plans to pursue new laws aimed at securing internet connected devices. The Consultation follows the UK’s publication of its final Code of Practice for Consumer IoT Security (“Code of Practice”) last October (the subject of
ABSCA Confirms Contractors May Challenge Unfavorable CPARS Ratings
While you might not be able to fight City Hall, you can fight your CPARS rating. In a short opinion published last week, the ASBCA confirmed it has jurisdiction to annul an inaccurate and unfair government evaluation of a contractor’s performance. Cameron Bell Corporation d/b/a Government Solutions Group, ASBCA No. 61856 (May 1, 2019).
ASBCA Confirms Contractors May Challenge Unfavorable CPARS Ratings
While you might not be able to fight City Hall, you can fight your CPARS rating. In a short opinion published last week, the ASBCA confirmed it has jurisdiction to annul an inaccurate and unfair government evaluation of a contractor’s performance. Cameron Bell Corporation d/b/a Government Solutions Group, ASBCA No. 61856 (May 1, 2019).
Flying in Friendly Skies: The Federal Aviation Administration’s Unique Bid Protest Forum
Federal contractors usually think of two bid protest forums: the Government Accountability Office and the Court of Federal Claims. But there is another protest forum that often flies under the radar: the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition — aka the ODRA.
The ODRA has exclusive jurisdiction over bid protests of FAA
DOL Labels Gig Economy Company’s Workers as Independent Contractors
On April 29, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an opinion letter finding that “virtual marketplace company” workers (of an unnamed business) were independent contractors rather than employees. While not binding, the opinion signals that DOL is taking a less aggressive approach than in recent years to the hot-button
Federal Online Shopping Platform Coming Soon — GSA to Issue Prototype RFP Within the Year
In the latest step towards delivering on the long-promised “Procurement Through Commercial e-Commerce Portals” program, the General Services Administration has announced plans to build a proof-of-concept for federal online shopping, aiming to issue an RFP by the end of the year for web-based acquisition platforms.
The FTC Announces Consumer Review Fairness Act Enforcement Actions
On May 8, 2019, the Federal Trade Commission (FTC) announced its first three cases that exclusively enforce the Consumer Review Fairness Act (CRFA). Enacted in December 2016 to protect consumers’ ability to share their honest reviews, the CRFA prohibits companies from using form contracts that bar consumers from writing negative reviews or threaten them with