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Government Contracts: New Rules on Cybersecurity and Supply Chains, AI Guidance, Domestic Sourcing Requirements

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 19, 2024

Recorded event now available

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This CLE webinar will review the new sweeping policy and regulatory developments in government contracts. The panel will discuss the new and proposed requirements relating to cybersecurity, information and supply chain security, the Executive Order relating to AI, further guidance on the Build America, Buy America (BABA) domestic sourcing requirements, prevailing wage determinations under the Davis-Bacon Act, and new flow down rules for Department of Defense contracts.

Description

There were sweeping regulatory and policy changes for federal contractors in 2023. Attorneys advising their federal government contract clients must be aware of these changes to ensure their clients are in compliance.

The Office of Management and Budget (OMB) issued additional guidance on the BABA sourcing requirements. Contractors will need to ensure that they are in compliance with these sourcing requirements or consider their eligibility for a BABA waiver on the basis of public interest, nonavailability, or unreasonable cost.

Federal agencies and the White House have imposed or proposed several new security-related requirements that will have a big impact on federal contractors' operations, including the final rules relating to the protection of controlled unclassified information, FAR Council proposed rules requiring contractors to report cybersecurity threats and incidents to the government, prohibitions against purchases of certain information and communication technology, and continuous monitoring requirements for cloud services.

President Biden issued an Executive Order imposing new standards for protecting safety, security, and innovation related to AI. The order applies to federal agencies and across a broad range of industries that encompasses many federal contractors and also has several provisions specifically related to acquisition.

There were also important changes to the Federal Acquisition Regulation (FAR) rules, including an interim rule requiring contractors to review their supply chains and amendments to the flow down rules for prime contractors and subcontractors for Department of Defense contracts.

Listen as our authoritative panel of government contract attorneys reviews the latest developments in federal government contracting policies and regulations and provides tips for advising clients on these issues to ensure compliance.

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Outline

  1. Overview of the current government contracts landscape
  2. BABA sourcing requirements
  3. FAR rule requiring supply chain review
  4. Executive Order and OMB standards for AI safety and security
  5. New cybersecurity rules
  6. New flow down rules for Department of Defense contracts
  7. OMB's changes to the Uniform Guidance for federal financial assistance programs
  8. Federal Prevailing Wages Updates – DOL’s new regulations implementing significant changes to Davis-Bacon and the Related Acts requirements; DOL’s Final Rule implementing Executive Order 14055 “Nondisplacement of Qualified Workers Under Service Contracts”
  9. What to expect going forward in 2024

Benefits

The panel will discuss these and other key developments:

  • What are the latest policy changes with regard to cybersecurity and information security that will impact government contractors?
  • What changes were made to the FAR rules regarding supply chain review and cybersecurity?
  • What is the latest guidance regarding the use of AI by government contractors?
  • What changes were made to the FAR flow down rules for Department of Defense contracts?

Faculty

Overman, Todd
Todd R. Overman

Chair Government Contracts Practice Group
Bass Berry & Sims

Mr. Overman has established himself as a leading government contracts practitioner. He has nearly two decades of...  |  Read More

Stern, Dawn E.
Dawn E. Stern

Co-Chair and Partner, Government Contracts Practice
DLA Piper

Ms. Stern is a Chambers-rated government contracts attorney that focuses her practice on providing counselling and...  |  Read More

Stout-Tabackman, Leslie
Leslie Stout-Tabackman

Managing Director, Government Contracts, Prevailing Wages
BDO USA

Ms. Stout-Tabackman regularly counsels and represents clients with matters before the U.S. Department of Labor's...  |  Read More

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