Insights on Government Contracts

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge in Washington, DC, temporarily ordered the freeze to be lifted until at least Monday February 3, when a full hearing will occur as to whether the freeze is permissible under federal administrative procedure laws and the First Amendment.

Following his inauguration on January 20, President Trump signed a slew of executive orders, including a handful related to Diversity, Equity, and Inclusion (DEI) initiatives.

The Inflation Reduction Act (IRA), which recently celebrated its one-year anniversary, presents new opportunities for tax-exempt and other organizations to directly benefit from renewable energy tax credits, including investment tax credits (ITCs) and production tax credits (PTCs).

Once again, in the third such decision in fewer than two years, the US Court of Federal Claims (CFC) in January issued a decision granting a protest of, and thereby upending, a major Department of Defense (DoD) award decision.

ArentFox Schiff represented the Black Owners of Solar Services (BOSS) in connection with its $6.3 million cooperative agreement awarded by the US Department of Energy (DOE).

The Secure and Trusted Communications Networks Act requires the Commission to publish and maintain a list of communications equipment and services that pose an unacceptable risk to national security or the security and safety of US persons The FCC added equipment and services from three entities.

Federal Contractors Beware: Sixth Circuit Recognizes False Claims Act Exposure Based on Allegedly Inflated Labor Cost Estimates Leading To Firm-Fixed-Price Contract.

While much ink has been spilled over the applicability and ramifications of the federal contractor vaccine mandate, a federal court in Georgia has halted enforcement (at least temporarily) by issuing a nationwide injunction against the mandate.

Shifting standards and deadlines place additional burdens on contractors seeking to remain in compliance.

On November 17, 2021, the Department of Defense (DoD) published an advanced notice of proposed rulemaking in connection with announced changes to the Cybersecurity Maturity Model Certification (CMMC) for the defense industrial base, styled “CMMC 2.0.” 

On September 24, 2021, the Safer Federal Workforce Task Force published its Guidance for Federal Contractors and Subcontractors that set forth the requirements for a covered contractor.

On September 9, 2021, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, as a key component of his Path Out of the Pandemic COVID-19 Action Plan.

On July 30, 2021, a notice of proposed rulemaking was published in the Federal Register with changes to two regulations that have the potential to materially affect the supply chains of products where manufacturing in the United States does not rise to the level of “substantial transformation.”

Arent Fox National Security Partner David R. Hanke and Government Relations Practice Co-Leader Dan H. Renberg discuss what’s considered the most significant U.S. industrial policy legislation in decades.

On April 27, 2021, President Biden issued Executive Order 14026 requiring contractors to pay a minimum wage of $15.00 per hour beginning January 30, 2022, on contracts entered into, contracts renewed or extended, and options exercised on or after January 30, 2022.

In the most recent podcast of WorldSmart, Arent Fox Managing Partner Cristina Carvalho sits down with AF International Co-Chairs Malcolm McNeil and Hunter Carter for a lively, yet informative, conversation that focuses on both Cristina’s role as Managing Partner and Arent Fox’s globally ranked Trade

Schiff Hardin LLP represented Altaris Capital Partners, LLC, a private investment firm focused on the healthcare industry, in its agreement to acquire Perrigo Company plc’s prescription pharmaceuticals business (Rx) for $1.55 billion.

Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility

Arent Fox International Trade Group Partner Marwa Hassoun and Government Contracts Group Counsel Travis Mullaney chat about Section 889 of the National Defense Authorization Act.

The CARES Act provides another resource for federal contractors seeking to retain personnel, but actually obtaining the money requires circumspection and strategy.

Arent Fox is pleased to announce the expansion of its Government Contracts practice with the addition of Counsel Travis L. Mullaney in Washington, DC.