Compliance Stuff

Bradley recently published articles discussing  how government contractors should prepare for and deal with a shutdown  and  how contractors can recover costs and seek time extensions as a result of a shutdown . Below are key actions government contractors should consider once the government eventually reopens. 1. Confirm Contract Status and Performance Schedules Contact the contracting officer (CO) to confirm whether performance has resumed and whether there are any revised timelines or priorities. Request written confirmation of any new deadlines, modified delivery schedules, or changed milestones. If a stop-work order was issued, ensure you receive a written notice to proceed before restarting work. 2. Document Costs and Delays Maintain detailed records of costs incurred during the shutdown, including idle labor, demobilization/remobilization, and overhead. Document lost productivity and schedule disruptions. These records may support requests for equitable adjustments...

On September 26, 2025, Delaware Governor Matt Meyer signed House Substitute No. 2 to  House Bill 105 , adding Delaware to the growing list of states with pay transparency obligations for employers. Beginning in 2027, employers will be required to include the pay range and a general description of benefits and other compensation in all job postings. The law applies to Delaware-based positions and certain remote roles offered by Delaware employers, with limited exceptions. Employers will also be subject to new recordkeeping requirements. The Delaware Department of Labor is tasked with enforcement and issuing regulations and administrative procedures. Although the law does not take effect until 2027, employers may wish to prepare in advance. Reviewing job posting practices and updating compensation documentation may help ensure effective implementation and compliance when the new requirements take effect.   Source(s): Delaware Joins Pay Transparency Wave: New Law Effective ...

The U.S. Equal Employment Opportunity Commission (EEOC) has sworn in Catherine Eschbach as its first-ever principal deputy general counsel, a newly created position within the agency’s Office of General Counsel (OGC). Eschbach, who had served as director of the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) since March 2025, brings significant enforcement and leadership experience to the EEOC. Her appointment is expected to further shape the EEOC’s litigation strategy and strengthen coordination on contractor discrimination and pay equity matters. Quick Hits The EEOC announced that Catherine Eschbach had been sworn in as principal deputy general counsel. Eschbach had been serving as OFCCP director since March 2025. Her move brings contractor enforcement expertise to the EEOC’s litigation and legal strategy. Ashley Romanias will step in as OFCCP director with Eschbach’s departure. The principal deputy general counsel position is a new role at the...

The Securities and Exchange Commission (SEC) is actively evaluating whether to transition from the current quarterly reporting regime for domestic public companies to a semiannual reporting framework. Although no formal proposal or timeline has been released, recent public statements by President Donald Trump and SEC Chair Paul Atkins indicate strong support for such a shift. However, significant hurdles and practical considerations remain before any such implementation can take effect. Key Takeaways The SEC is considering a shift from quarterly to semiannual reporting for public companies.   No formal proposal has been issued, but recent statements suggest movement toward this change.   Implementation would require significant regulatory updates and substantial market buy-in, which could take years.   Companies should monitor developments and assess potential impacts on compliance and reporting practices.   Background Semiannual reporting is not new to the U.S. cap...

The Federal Acquisition Regulation (FAR) is often described as the “bible” of federal procurement. For decades, it has governed how agencies acquire goods and services, and how contractors compete for, win, and perform government contracts. While incremental updates are common, the federal procurement community is now bracing for the implementation of an effort describing itself as a “ revolutionary FAR overhaul ” — a top-to-bottom “modernization effort” that could reshape the contracting landscape. Why an Overhaul Now? For some time, certain policymakers, acquisition officials, and industry stakeholders have criticized the FAR for being: Overly complex  – Thousands of pages of regulations can overwhelm even experienced contractors. Outdated  – Some provisions reflect procurement practices from the 1980s, ill-suited to today’s fast-moving tech environment. Inflexible  – Agencies often struggle to adopt innovative solutions due to rigid rules. The current change has its ro...

In a prior edition we discussed the Business Case for having a Compliance and Ethics  (“C&E”) program.  Here we review the Legal Case.  The legal case for having an effective C&E program is often what causes companies to initiate C&E programs. The are several pieces to this. Legal requirements In certain risk areas and/or industries the C&E elements may be legally required. Where C&E elements are mandated, not having them can itself be a legal violation, with a range of penalties, including disruptive and expensive investigations, fines, and even prison. These requirements can be highly detailed, such as those seen in the finance sector dealing with risks like anti-money laundering.  There are also requirements related to specific risks that apply across all industries, such as required harassment training.  In the US, for example, this may be imposed at the state or municipal level.  Mandated programs can seem to those in government as...

The shutdown’s effect on federal court proceedings is in flux. For now, most litigants should expect business as usual in the nation’s courthouses, at least in private civil matters. As of October 6, 2025, federal courts remain open and are drawing on non-appropriated funds to continue operations. But the federal judiciary has warned that if it exhausts those funds, it may have to reduce operations to essential functions. The Administrative Office of the US Courts released a  statement  indicating that existing funds will last until at least October 17 . After that, should the shutdown remain in effect, impacts on the judicial system may grow and will likely vary by jurisdiction. In prior shutdowns, disruptions were kept to a minimum, but that is because most shutdowns did not last significant amounts of time. During the 2018–19 shutdown (the longest in history, at 34 days) , courts ultimately shifted to essential-only staffing, which caused additional delays at the district c...