This week on Off the Shelf, Jason Workmaster, member and Government Contracts Practice lead at Miller & Chevalier, provides a wide-ranging update on key policy developments and legal trends in government contracts. 

Workmaster discusses the impact of the administration’s EEO/DEI Executive Order (EO) and what government contractors need to know, including how compliance programs will need to adjust.  He notes that the EO guidance includes a new certification requirement that will raise potential Civil False Claims Act liability for government contractors. 

Workmaster also talks about the new proposed organizational conflict of interest FAR rule, and he looks into his crystal ball and highlights the possibility that the new Congress may repeal some final rules issued by the Biden Administration pursuant to the Congressional Review Act.  It will be a question of timing and Congressional workload as to whether some final rules

are repealed. 

Finally, Jason briefs the Federal Circuit’s ACLR  decision regarding the adequacy of commercial record-keeping practices in the context of a claim.     

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