Government Contractors and Commercial Business Weekly Update – September 2024

GOVERNMENT CONTRACTS

Federal Acquisition Regulation (FAR) Final Rule: Penalty Threshold Reference

On August 29, the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration published a final regulation amending the FAR. This regulation amends the FAR to align and provide consistent penalties for the use of funds allocated for lobbying activities. The published regulation is available here and will become effective on September 30, 2024. The introduction to the Federal Acquisition Circular is available here , the Small Entity Compliance Guide is available here , and the technical amendments are available here .

Upcoming Government Contract Presentations

TRAINING: Navigating the FAR/DFARS: The Most Confusing and Little-Known Clauses, September 10, 2024, Eric Valle, Daniel Figuenick, III

SEMINAR: 16.207 – Fixed-Price, Fixed-Effort Futures, September 11, 2024, Isaias “Cy” Alba, IV

TRAINING: Unraveling the Mysteries of Debriefings, Government Evaluation of Proposals and Protests, September 26, 2024, Katherine B. Burrows, Eric Valle

SEMINAR: Common Scenarios That Trigger False Claims Act Violations, Part 1: Government Contracting and Cybersecurity, September 26, 2024, Matthew E. Feinberg, Jacqueline K. Unger, Mark F. Rosenow

SEMINAR: Common Scenarios That Trigger False Claims Act Violations, Part 2: Construction and Workforce Issues, October 1, 2024, Matthew E. Feinberg, Jessica A. duHoffmann, Sarah L. Nash

SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations, October 10, 2024, Matthew E. Feinberg, Mark F. Rosenow

WEBINAR: Fair Adjustment Requests: Optimizing Recovery from Changes in Government Contracts, October 10, 2024, Lauren Brier

TRAINING: Past Results: How to Leverage Yours, Benefit from Others’ Results, and Defend Yourself from Attacks, October 16, 2024, Katherine B. Burrows, Daniel Figuenick, III

TRAINING: Joint Venture and Mentor-Protege Bidding Strategies, October 17, 2024, Peter B. Ford, Meghan F. Leemon

CONFERENCE: What’s New at GovCon? Important Legal Updates for Government Contractors, October 30, 2024, Isaias “Cy” Alba, IV

WORK AND EMPLOYMENT

Minority talent in the intelligence community is growing, but representation is declining, The executive power of the government

The Office of the Director of National Intelligence’s annual demographic report found that while the Intelligence Community has made significant progress with minority candidates, departures have led to a decline in workforce diversity over the past two years. Read more here.

Republicans criticize EEOC for canceling one-day unpaid leave, The executive power of the government

The Equal Employment Opportunity Commission told workers they could be furloughed for a single day at the end of August because of a budget shortfall. Although the agency avoided that, Republican leaders on the House Education and Workforce Committee criticized the agency for even considering such a layoff, saying it was evidence of mismanagement. Read more here.

Upcoming Jobs & Employment Presentations

CONFERENCE: Why Business Leaders Should Care About HR It Will Cost You If You Don’t, September 27, 2024, Nichole D. Atallah

MERGERS AND ACQUISITIONS

Interagency Memorandum of Understanding (MOU): Labor Issues in Merger Investigations

On August 28, the Department of Labor (DOL), the National Labor Relations Board (NLRB), the Department of Justice (DOJ) Antitrust Division (ATR), and the Federal Trade Commission (FTC) signed an MOU to enhance employee protections and promote fair competition in antitrust merger investigations. Each agency’s resources are designed to support antitrust merger reviews and strengthen employee protections. The MOU is available here.

Upcoming M&A Presentations

PM WEBINAR: Navigating Manufacturing M&A: Strategies for Success, October 17, 2024, Isaias “Cy” Alba, IV

CONSTRUCTION

Proposed Federal Acquisition Regulation (FAR) Rule: Prohibits Reverse Auctions for Complex, Specialized, or Significant Design and Construction Services

On August 29, the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration published a proposed rule amending the FAR. This rule proposes and requests comments on changes to the FAR to prohibit the use of reverse auctions for services that exceed the simplified acquisition threshold for services, including site planning and design, architecture and engineering, interior design, facility construction, infrastructure, environmental restoration, and alteration or construction of buildings or public works. The rule is available here . Comments close on October 28, 2024.

CYBERSECURITY AND DATA PRIVACY

Ahead of mandatory regulations, CISA unveils new cyber incident reporting portal Federal Information Network

The Cybersecurity and Infrastructure Security Agency (CISA) has unveiled a revamped cyber incident reporting service as CISA prepares for new reporting requirements set to go into effect next year. CISA is launching a new portal as it prepares to implement groundbreaking cyber incident reporting requirements that cover all 16 critical infrastructure sectors. Read more here.