This is the fifteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various Government agencies
Latest from Inside Government Contracts
En Banc Rehearing of Fourth Circuit Sheldon Decision Addresses FCA’s Falsity And Knowledge Requirements
On Thursday, September 15, 2022, an en banc panel of the Fourth Circuit Court of Appeals heard oral argument in the rehearing of an important case concerning the “knowledge” element of the False Claims Act—United States ex rel. Sheldon v. Allergan, No. 20-2330. The panel was active, posing numerous questions for both parties during the
GSA Issues Request for Information on Photovoltaic Systems
Last December, President Biden issued Executive Order 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability,” which directed the government to adopt cleaner and more sustainable procurement practices, with the ultimate objective of net-zero emissions by 2050.
Pursuant to that directive, GSA has issued a new RFI seeking information regarding domestically manufactured
President Biden Issues Executive Order on National Biotechnology and Biomanufacturing Initiative
On September 12, 2022, President Biden issued an Executive Order (“E.O.”) announcing the National Biotechnology and Biomanufacturing Initiative, a “whole-of-government” effort to further biotechnology and biomanufacturing innovations in health, climate change, energy, food security, agriculture, supply chain resilience, and national and economic security. The White House subsequently announced that the Initiative would cost $2 billion.
DoD Releases Updated Guidance for Firm-Fixed-Price Contractors Grappling with Inflation
With continued inflation putting pressure on the defense supply chain, the Department of Defense (“DoD”) has released guidance encouraging contracting officers to provide mutually agreeable relief to fixed-price contractors facing untenable costs.
DoD’s guidance, dated September 9, 2022 and available at the link here, follows a similar guidance earlier this summer which recommended that
OFCCP Seeks Input On Potential FOIA Disclosure of Contractor Employment Information
Update as of September 15, 2022: OFCCP has extended the deadline by one month for contractors to submit objections to the FOIA request described in this article. The new deadline is October 19, 2022. Additionally, in an effort to clarify which government contractors are covered by this FOIA request, OFCCP has indicated that it will
Eleventh Circuit Upholds But Narrows Federal Contractor Vaccine Mandate Injunction
UPDATED AS OF 9/1/2022: On August 31, 2022, the Safer Federal Workforce Task Force officially announced that the Federal Government will not enforce the federal government contractor vaccination mandate, absent further written notice. The Task Force announcement is posted on its website here.
An analysis of the Eleventh Circuit decision that preceded this announcement
Biden Administration Announces Priorities for the Implementation of the CHIPS Act of 2022
On August 25, 2022, President Biden announced a new Executive Order (“EO”) addressing the Implementation of the CHIPS Act of 2022 (“CHIPS Act”). The CHIPS Act was signed by President Biden on August 9, 2022, and, among other things, authorizes $39 billion in funding for new projects to establish semiconductor production facilities within the United
OFCCP Contractor Portal: It’s Not Too Late
Earlier this year, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) opened the Contractor Portal, a new platform where covered federal contractors and subcontractors must annually certify whether they are meeting their requirement to develop and maintain written Affirmative Action Programs (“AAPs”). As we previewed in June, OFCCP required covered
New DFARS Clauses Require Defense Contractors to Disclose Work Performed in China
On August 25, 2022, the Department of Defense (“DOD”) published — with immediate effect — two new Defense Federal Acquisition Regulation Supplement (“DFARS”) clauses requiring defense prime contractors and subcontractors disclose any work in China on certain DOD contracts. Under the interim rule, the DOD is prohibited from awarding or extending certain new contracts if