Govconlaw Blog
Restrictions on TikTok and ByteDance Applications: Why? And How Do the Restrictions Apply?
By: Kevin Taylor
Published Date: July 11, 2023
Effective June 3, Contracting Officers have been required to include a new contract clause in federal contracts banning the use of TikTok. The clause—which does not mention cellular phones, TikTok’s primary hardware—introduces a confusing set of requirements not seen in other information technology clauses. This article looks at the basis for the prohibition and then clarifies the scope of the [...] Read More
Supreme Court Strikes Objective Reasonableness Test for False Claims Act Knowledge Requirement
By: Kevin Taylor
Published Date: June 6, 2023
A key element of False Claims Act (“FCA”) cases is a contractor’s knowledge that its claim is false, often referred to as the scienter requirement.[1] In many cases, the knowledge element is straightforward, such as a company falsely certifying it is small when it knows it is not. However, in a complex regulatory environment where there is often no authoritative [...] Read More
SBA Streamlines Affiliate Determinations for Loan Programming
By: Michael C. Zisa, Abby B. Salinas
Published Date: May 11, 2023
Effective May 11, 2023, the Small Business Administration (SBA) is amending various regulations governing its Capital Access loan programs which were created to bridge the financing gap in private markets to help small businesses start and grow. Among these changes, the SBA is simplifying criteria for determining affiliation in the 7(a) Loan Program, 504 Loan Program, Microloan Program, ILP Program, [...] Read More
OMB Proposed Guidance and Rule on Build America, Buy America Construction Material Requirements
By: Timothy D. Matheny, Abby Bello Salinas
Published Date: May 4, 2023
On February 9, 2023, the Office of Management and Budget (“OMB”) issued proposed guidance and a proposed rule for the implementation of the Infrastructure Investment and Jobs Act (“IIJA”), Build America, Buy America Act (“BABAA”), which, among other things, required all iron, steel, manufactured products, and construction materials (the “materials”) in federally-funded infrastructure projects be produced in the United States. [...] Read More
Final Rule Amends Buy American Act Requirements
By: Timothy D. Matheny, Abby Bello Salinas
Published Date: April 28, 2023
On March 7, 2022, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (“EO”) 14005, Ensuring the Future is Made in All of America by All of America’s Workers. The final rule amends the FAR to include: A near-term [...] Read More
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