Govconlaw Blog
GAO Finds Brand Name Procurement Impermissible
By: Lori Lange
Published Date: October 8, 2020
Competition is a fundamental principle of federal procurements. The Government is not permitted to limit a procurement to brand name items unless the particular brand name product or service has a feature that is essential to the Government's requirements and the Government's market research indicates that other companies' similar products or services lack that essential feature, do not meet the agency's [...] Read More
DOL to Revise Interpretation of Who Is an Independent Contractor
By: Lori Lange
Published Date: October 5, 2020
The Department of Labor (DOL) recently published a Notice of Proposed Rulemaking on its decision to revise its interpretation of whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). 85 FR 60600 (Sep. 25, 2020). FLSA requires covered employers to pay their nonexempt employees at least the federal minimum wage for every hour worked and [...] Read More
DoD Issues Interim Rule Implementing CMMC and a NIST SP 800-171 Assessment
By: Lori Lange
Published Date: September 30, 2020
On September 29, 2020, the Department of Defense (DoD) issued its long anticipated interim rule implementing the Cybersecurity Maturity Model Certification (CMMC) framework. 85 FR 61505 (Sep. 29, 2020). Along with issuing a new DFARS clause to implement CMMC, DoD also added a new requirement that covered contractors have a NIST SP 800-171 DoD Assessment. Both provisions of the interim [...] Read More
President Issues New Executive Order Controlling Contractor Diversity Training
By: Lori Lange
Published Date: September 29, 2020
On September 22, 2020, President Trump issued an Executive Order entitled “Combating Race and Sex Stereotyping” to battle what he calls "offensive and anti-American race and sex stereotyping and scapegoating." The Executive Order states that instructors and materials teaching that men and members of certain races, as well as the country's most venerable institutions, that are inherently sexist and racist, [...] Read More
OFCCP Seeks to Introduce Affirmative Action Program Verification Interface
By: Lori Lange
Published Date: September 22, 2020
Recently, the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a notice soliciting comments on its September 2020 proposal to obtain approval from the Office of Management and Budget (OMB) to implement the Affirmative Action Program Verification Interface (AAP-VI). 85 FR 56635 (Sep. 14, 2020). AAP-VI is a data management portal that will assist with OFCCP compliance [...] Read More
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