On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...more
A major issue faced by government contractors (at any tier) is the risk of organizational conflicts of interest (“OCIs”). To reform the OCI regulatory framework, Congress recently passed the Preventing Organizational...more
Although not receiving much media attention, in October 2022, the nationwide injunction on Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (the “EO”) was lifted. The injunction,...more
On November 10, the Biden Administration proposed the Federal Supplier Climate Risks and Resilience Rule (the “Proposed Rule”). The Proposed Rule would amend the Federal Acquisition Regulations and requires federal...more
On December 7, a Georgia federal judge blocked the highly contentious federal contractor vaccine mandate from going into effect nationwide. Upon issuing the injunction, the judge ruled that “even in times of crisis this Court...more
On November 4, 2021, the White House extended the deadline for covered federal contractors to comply with the COVID-19 vaccine mandate established by the Safer Federal Workforce Task Force. Now, instead of being in compliance...more
11/12/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Dodd-Frank ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OSHA ,
Vaccinations ,
Workplace Safety
Late yesterday, the Civilian Agency Acquisition Council (CAAC) released guidance prescribing a class deviation from the Federal Acquisition Regulations (FAR) in order to implement President Biden’s vaccine mandate for certain...more
10/4/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Service Contract Act ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
A recent U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decision provides unsuccessful government contractors yet another avenue to pursue a bid protest. Notably, the Federal Circuit resolved the looming...more
Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more
As with any presidential (or governor) transition, significant changes occur in regard to the executive offices’ regulatory enforcement priorities and changes from the previous administration. Because the majority of rules...more
As the COVID-19 crisis progresses, government contractors continue to see significant impacts on their ability to provide goods and services to federal, state, and municipal government agencies. These issues range from...more
In response to the COVID-19 pandemic, government authorities at every level are issuing declarations limiting daily activities. The orders – ranging from specific industry shutdowns to shelter-in-place executive orders – are...more
3/25/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Department of Defense (DOD) ,
False Claims Act (FCA) ,
Federal Contractors ,
Impracticability ,
Nonperformance ,
Operators of Essential Services ,
Shelter-In-Place
Last week, Congress passed the Coronavirus Preparedness and Response Supplemental Appropriations Act to provide relief for the COVID-19 pandemic. As part of this Act, Congress provided the Small Business Administration (SBA)...more
As of the last report, the United States Treasury Department is proposing a $1 trillion stimulus package to spur economic stability during the COVID-19 crisis. This is on top of what state and local governments are proposing...more
Government agencies at every level are responding to an ever-changing environment in dealing with the implications of COVID-19. Government contractors may be the last to learn about significant changes to a government...more
On November 27, 2018, the House Committee on Small Business introduced House Resolution 7169, the proposed Verification Alignment and Service-disabled Business Adjustment (VA-SBA) Act. The purpose of this new legislation is...more
On November 27, 2018, the United States General Services Administration (GSA) announced its intent to consolidate the current 24 multiple award schedules (MAS) into a single schedule for products and services. According to...more
Early last week, the Small Business Administration (SBA) and Department of Veterans Affairs (VA) amended their rules concerning the eligibility of Veteran-Owned Small Businesses (VOSB)1. Both agencies issued regulations...more
10/11/2018
/ Amended Rules ,
Department of Veterans Affairs ,
Federal Contractors ,
Final Rules ,
New Rules ,
Ownership Rules ,
Regulatory Requirements ,
SBA ,
SDVOSB ,
Small Business ,
Veterans ,
VOSB
With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big...more
Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more
7/1/2014
/ Appeals ,
Attorney-Client Privilege ,
Compliance ,
Confidential Communications ,
Contractors ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Contractors ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
Upjohn Warnings ,
Work-Product Doctrine
The federal government is the single largest purchaser of goods and services in the world. Some of these purchases, of course, are for highly specialized goods or services produced or performed by large corporations. For the...more
For the last 15 years, the Foreign Corrupt Practices Act (FCPA) has garnered the most “compliance” attention by companies and the media due to the severe penalties associated with the bribing of foreign government officials....more
One of the many business strategies to win more government contracts is to “team” with other companies that provide specific specialties or qualify for socio-economic benefits. Sometimes, these partnerships are formal through...more