In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.
Our headline feature this month is Mike’s broad discussion with Arnold & Porter partner Judah Prero on the interplay between the regulation of the chemical PFAS and federal procurement, which is part of the Biden Administration's broader effort on climate change and environmental sustainability.
Mike also examines new procurement rules, including a FAR rule on the use of small business procedures for overseas procurements, a final DFARS rule on commerciality determinations, and a final DFARS rule on the validation of intellectual property rights and data related to commercial products. Mike also revisits GSA's acquisition letter on economic price adjustments to combat inflation.
Bill rounds out the episode with a brief update on important developments for federal contractors, including OMB's Buy American guidance for infrastructure projects, OFCCP guidance on contractor compliance evaluations, the Interagency Suspension and Debarment Committee's report on S&D activity for FY2020, as well as regulatory, legislative, and cybersecurity activity.
Show notes
0:20 – Introduction and Overview
1:45 – Recent Regulatory Developments
12:00 – Federal Procurement Headlines
23:15 – The Intersection of PFAS Regulation and Federal Procurement
1:10:00 – Practical Wrap Up
1:14:00 – Credits and copyright
Further Reading
Arnold & Porter Environmental Edge Blog: Federal Procurement and PFAS: Important Recent Developments
EPA: Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing
EPA: How EPA’s Recommended Standards and Ecolabels Address Per- and Polyfluoroalkyl Substances (PFAS)
Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure
White House Directive Promotes Quantum Computing for Cyber Infrastructure
Federal Agencies Likely to Get New Cybersecurity Guidance ‘In Coming Weeks’
CMMC Interim Rule Could Land in May
Can Small Businesses Keep up with Defense Cyber Requirements?
Pentagon Eyeing the Cloud to Help Firms Meet CMMC Cybersecurity Requirements
DOD Expands Vulnerability Disclosure Program to Contracting Base in Pilot
New OFCCP Compliance Review Directions
ISDC Report: Suspensions and Debarments Down from Pre-Pandemic Levels
H.R.7185 - Federal Contracting for Peace and Security Act
House Oversight and Reform Committee: Federal Contracting for Peace and Security Act
S.3905 - Preventing Organizational Conflicts of Interest in Federal Acquisition Act
Former Health Care Staffing Executive Convicted of Obstructing FTC Investigation into Wage-Fixing Allegations
Jury Acquits DaVita, ex-CEO Kent Thiry in Landmark Antitrust Prosecution of Non-Poaching Agreements
Notice of Proposed Rulemaking: Set-Asides for Indian-Owned Businesses
Small Business Size Standards: Agriculture, Forestry, Fishing and Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities; Construction
What Federal Agencies Need to Know Now About the New Lease Accounting Standard
