OFCCP Extends TRICARE Moratorium
Client Alert | 1 min read | 05.23.18
The Office of Federal Contract Compliance Programs (OFCCP) has extended its enforcement moratorium against health care providers who provide services pursuant to the TRICARE program. The five-year moratorium, instituted in 2014, has now been extended another two years until May 7, 2021. The OFCCP also expanded the moratorium to encompass Veterans Affairs Health Benefits Program (VAHBP) providers as well. The OFCCP instituted the initial moratorium after a lengthy battle with several TRICARE providers over the question of whether their provision of services established them as government subcontractors subject to the OFCCP’s jurisdiction. The Trump Administration’s Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions recently identified TRICARE provider obligations as the OFCCP’s key regulatory focus, with a Notice of Proposed Rulemaking expected by Spring 2019. The OFCCP has now announced an extension of the moratorium to allow the OFCCP “time to receive feedback from stakeholders, relieve uncertainty, and give OFCCP an opportunity to evaluate and address legislation that may be enacted on this issue.”
It is important to note that the moratorium extends only to providers whose sole source of government funding is through TRICARE and/or VAHBP. Health care providers who are otherwise government subcontractors remain subject to OFCCP compliance reviews. Further, while the moratorium extension is good news for TRICARE and VAHBP providers, the long-term uncertainty regarding their subcontractor status remains until the OFCCP or Congress takes further, definitive, actions.
Insights
Client Alert | 4 min read | 08.20.25
FAR Council Issues Rewrites to FAR Parts 8 and 12
On August 14, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council) issued draft revisions to FAR Part 8 and FAR Part 12 (as well as to FAR Parts 4 and 40). These are the latest rewrites under the Revolutionary FAR Overhaul (RFO) initiative pursuant to Executive Order 14275, “Restoring Common Sense to Federal Procurement,” which we previously reported on here.
Client Alert | 15 min read | 08.20.25
Client Alert | 2 min read | 08.19.25
Client Alert | 4 min read | 08.19.25
Forged Faces, Real Liability: Deepfake Laws Take Effect in Washington State and Pennsylvania