Ep 1.03: The Impact of PFAS Controls on Federal Procurement

2022-05-16

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 ne...

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