Government Contracts Legal Forum

Legal analysis of government contracting.

• Agencies Directed to Designate Labor Advisors for Federal Contract Labor

  This week, the Department of Labor (DOL) and Office of Management and Budget (OMB) issued a memo directing all agencies to designate “agency labor advisers” who are responsible for advising agencies on “Federal contract labor matters.” FAR Part 22 contemplates the appointment of

  Crowell and Moring LLP · Jan 13, 2023

• Supreme Court Weighs Whether “Dual Purpose” Communications Are Privileged in In re Grand Jury

  On January 9, 2023, the U.S. Supreme Court heard oral arguments in In re Grand Jury. In this case, the Court is asked to decide the appropriate test for determining whether documents that include legal advice, but also discuss other non-privileged issues, are protected by the att

  Crowell and Moring LLP · Jan 12, 2023

• DFARS Proposed Rule on SBIR/STTR Data Rights and the Marking of Unlimited Rights Data

  On December 19, 2022, DoD issued a DFARS proposed rule that seeks to (1) implement the data-rights portions of the May 2, 2019 Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directive (SBIR/STTR Policy Directive), and (2) impose s

  Crowell and Moring LLP · Jan 6, 2023

• Fastest 5 Minutes: OCIs and FY23 NDAA

  This week’s episode covers the recently enacted Preventing Organizational Conflicts of Interest in Federal Acquisition Act, an update on a proposed rule regarding disclosure of greenhouse gas emissions, and key provisions from the FY23 National Defense Authorization Act, and is h

  Crowell and Moring LLP · Jan 5, 2023

• President Biden Signs New Legislation to Identify and Mitigate Organizational Conflicts of Interest in Federal Acquisition

  On December 27, 2022, President Biden signed into law the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (S.3905) to strengthen the current rules relating to identification and mitigation of organizational conflicts of interest (OCIs) in federal acquis

  Crowell and Moring LLP · Jan 3, 2023

• FY 2023 National Defense Authorization Act: Key Provisions Government Contractors Should Know

  The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023, signed into law on December 23, 2022, makes numerous changes to acquisition policy. Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here. The

  Crowell and Moring LLP · Dec 28, 2022

• FAR Council Delivers Last-Minute Holiday Gift by Extending the Comment Period on Proposed Rule Imposing Mandatory Climate Disclosures for Federal Contractors

  On December 23, 2022, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) extended the comment period on the proposed rule, “Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Ris

  Crowell and Moring LLP · Dec 27, 2022

• Contractors May Mark Unlimited Rights Technical Data So Long as the Government’s Rights Are Not Impermissibly Restricted: A Study in Contrasts

  The Boeing Company (Boeing) and the U.S. Air Force have settled their long-standing data rights marking dispute two years after the U.S. Court of Appeals for the Federal Circuit held that contractors may include restrictive markings on unlimited rights technical data as long as t

  Crowell and Moring LLP · Dec 22, 2022

• FCA Settlement Offers Reminder of the Importance of TAA and PRC Compliance

  The Department of Justice has announced a $14 million False Claims Act (FCA) settlement with Coloplast, a medical product manufacturer, after Coloplast self-disclosed violations of the Trade Agreements Act (TAA) and Price Reduction Clause (PRC) while under contract with the Depar

  Crowell and Moring LLP · Dec 21, 2022