Helping individuals, companies, and organizations understand key legal and practical considerations for promoting compliance and making better business decisions in these types of federal, state, and local government contracting matters MORE

On September 9, 2021, President Biden rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. As reported in an earlier alert, this Plan contains a number of moving parts and coverage that remains to be finalized.  Of note to government contractors is the fact that the Plan includes (1) an instruction to the Department of Labor Occupational Safety and Health Administration (OSHA) to issue a directive that requires companies with 100 or more employees to ensure their workforces are either fully vaccinated or their workers test negative for COVID-19 on a weekly basis before coming to work, and (2) an Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (EO) that requires contractors and subcontractors at any tier to comply with all guidance published by the Safer Federal Workforce Task Force, and determined to “promote economy and efficiency in Federal contracting” by the Director of the Office of Management and Budget, for those contractor or subcontractor workplace locations where individuals are “working on or in connection with a Federal Government contract or contract-like instrument.”  The Plan and, in particular, these two prongs leave much to be defined and implemented.  The devil truly will be in the details of the rules to be prepared and issued, as well as in whether and when the OMB, individual agencies, and contracting and agreements officers determine to roll them out to all, or a portion, of Federal government contractors.

Continue Reading Biden Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors –A Number of Questions

On July 29, 2021, the Biden Administration announced that every federal government employee and onsite contractor will be asked to attest to their vaccination status. In line with this announcement, the Safer Federal Workforce Task Force, which was established earlier this year by Executive Order No. 13991 and oversees the development and implementation of agency COVID-19 workplace safety plans across the federal government, issued the COVID-19 Workplace Safety: Agency Model Safety Principles.  Agencies are required to incorporate the Agency Model Safety Principles into their existing COVID-19 workplace safety plans.

Continue Reading Onsite Federal Government Contractors Will Be Asked About Vaccination Status

Published on June 9, 2021, President Biden’s Executive Order on Protecting America’s Sensitive Data from Foreign Adversaries is the latest Executive Order seeking to strengthen national security by improving public and private sector capabilities and practices relating to cybersecurity and supply chain risks. As explained in a previous article, the first such Executive Order addressed five main areas. The latest Executive Order focuses primarily on protecting against risks “associated with connected software applications that are designed, developed, manufactured, or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary.” However, unlike prior Executive Orders on the topic, it expands the scope of threat actors to be addressed in future to include those “persons who engage in serious human rights abuse,” noting, “If persons who own, control, or manage connected software applications engage in serious human rights abuse or otherwise facilitate such abuse, the United States may impose consequences on those persons in action separate from this order.”

Continue Reading Biden’s Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries

Previously we reported on President Trump’s Executive Orders banning U.S. nationals’ investment in designated Chinese companies that pose a threat to our national security under the International Emergency Economic Powers Act. Law360 reports that under that ban a total of 44 companies were designated as Communist Chinese Military Companies (CCMCs).  In addition, we reported on the implementation of requirements of the Federal government and its supply chain not to use or purchase designated Chinese telecommunications and video surveillance equipment and services due to the threats they pose to our national security.  Contractors are now required to report if they use or would deliver covered equipment or services and the agencies are directed not to buy from such contractors unless an exception or exemption applies.

Continue Reading President Expands Ban on Chinese Military-Industrial Complex Companies Based on Finding of Unusual and Extraordinary Threats – Actions to Address Cybersecurity and Supply Chain Risk Continuing

Understanding the requirements for compliance with the interim DFARS rule on basic assessment and compliance with Cybersecurity Maturity Model Certification (CMMC) is not a task for the faint of heart. The rule requires that you accurately report the status of your compliance with the cybersecurity requirements in National Institute of Standards and Technology Special Publication (NIST SP) 800-171 and, for specific procurements in the initial CMMC pilot program and moving forward, that you address your level of compliance under the CMMC program.  Preparation here is crucial as the Department of Defense (DoD) has announced that all contractors, except those solely furnishing Commercial Off-The-Shelf (COTS), must submit their basic compliance assessment into the Supplier Performance Risk System (SPRS) to be considered for future contract awards.

Continue Reading How Do You Address Solicitation Requirements and Contract Performance After CMMC Rollout?