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Contracting
January 2021
Procurement Collusion Strike Force Gets a Boost
By Ross Demain , Mike Pierce and Michael WagnerJust over a year after launching the Procurement Collusion Strike Force, the Justice Department’s Antitrust Division announced new measures to further its pursuit of antitrust and related schemes in government procurement, grant and program funding. These changes expand the strike force’s enforcement capacity and signal the department’s enduring — and intensifying — commitment to its mission. -
Government Contracting Insights
December 2020
Parsing the Meaning of Performance Risk Scores
By Ryan Burnette , Susan Cassidy and Darby RourickOn Sept. 29, the Defense Department released an interim rule on addressing its increased requirements for assessing whether contractors are compliant with the 110 security controls in National Institute of Standards and Technology Special Publication 800-171. Contractors could be affected by how the Pentagon uses the assessment scores to evaluate supplier performance risks. -
October 2020
Defense Contractors Could Fall Under Trump ‘Divisive Concepts’ Executive Order
By Lindsay Burke , Jennifer Plitsch and Carolyn RashbyOn Sept. 22, President Donald Trump issued the “Executive Order on Combating Race and Sex Stereotyping” establishing requirements aimed at “promoting unity in the federal workforce,” by prohibiting workplace training on “divisive concepts,” including “race or sex stereotyping” and “race or sex scapegoating” as newly-defined in the order. -
October 2020
Showdown Looms on Cost Accounting Standards
By Peter Hutt II and Peter TerenzioThe Federal Circuit’s decision in The Boeing Company v. United States clears the way for resolution of Boeing’s substantive challenge to a controversial Federal Acquisition Regulation provision that can give the government windfall recoveries in Cost Accounting Standards (CAS) matters. -
September 2020
Regulators Issue Huawei, ZTE Interim Rule
By Ryan Burnette , Susan Cassidy and Samantha L. Clark -
June 2020
Guidance for CARES Act Implementation
By Scott Freling , Peter Terenzio and Michael WagnerOn May 18, the Defense Department released a draft of its much-anticipated guidance implementing Section 3610 of the CARES Act, which authorizes the government to reimburse qualifying contractors for the costs of providing certain paid leave to employees as a result of the COVID-19 pandemic. -
June 2020
Key Ruling Issued on Privilege Waivers
By Kevin T. Barnett and Michael Wagner -
May 2020
Key Ruling Issued on Privilege Waivers
By Kevin T. Barnett and Michael Wagner -
Defense Department
May 2020
DPA Rated Contracts Have Some Caveats
By Frederic M. Levy , Jennifer Plitsch and Carl WiersumThe Defense Production Act allows the executive branch to apply a priority rating to its contracts, which would require them to be prioritized over any competing obligations, including prior commercial commitments. Contractors should be aware of how the legislation may apply to them. -
Defense Department
March 2020
Industry May Find Relief for Coronavirus Delays
By Susan Cassidy , Evan R. Sherwood and Michael WagnerThe global spread of the COVID-19 virus may put many federal contractors at risk of missing contractual deadlines. In a growing number of cases, supply chains may become cut off, work spaces may be closed or employees may need to stay home — all of which could impact a contractor’s ability to perform in a timely manner.
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