Administrative Agency Government Contracting

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Federal Circuit Decision Settles GAO/COFC Split on Agency’s Use of Cooperative Agreements

In March, the Federal Circuit settled a split between the Government Accountability Office (“GAO”) and the Court of Federal Claims that focused on the gray area between cooperative agreements and procurement contracts. Siding...more

OFCCP Withdraws Claim Regarding TRICARE Jurisdiction

Last week, the Office of Federal Contract Compliance Programs (OFCCP) dismissed OFCCP’s 2008 complaint against Florida Hospital of Orlando. In its Order of Dismissal, the Administrative Law Judge (ALJ) reported that OFCCP...more

Davis-Bacon CityCenterDC Case

In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained...more

Obama Raises Minimum Wage For Federal Contractors

In his fifth State of the Union speech, President Obama announced that he planned to issue an executive order raising the minimum wage for workers under new federal contracts to $10.10 per hour, up from the current federal...more

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a...more

OFCCP Agrees to 5-Year Enforcement Moratorium for TRICARE Providers

In a letter to congressional leaders on March 11, 2014, Secretary of Labor Thomas E. Perez announced that the Office of Federal Contract Compliance Programs (OFCCP) will issue a directive establishing a five-year moratorium...more

Office of Management and Budget Releases New “Omni-Circular” Uniform Administrative Requirements, Cost Principles, and Audit...

On December 26, 2013, the Office of Management and Budget (“OMB”) released a comprehensive guidance that makes changes to the fragmented existing guidance on Administrative Requirements, Cost Principles, and Audit...more

California Bill Would Create Cyber Security Commission

In recognition of the increasing threat that cyber-attacks pose to the state's infrastructure and the considerable costs that government and private sectors are estimated to spend on cyber security (more than $70 billion...more

Congress To Hold Hearing On OFCCP Jurisdiction

On Thursday March 13, 2014 at 10:00 a.m., the Subcommittee on Workforce Protections will hold a hearing on the Protecting Health Care Providers from Increased Administrative Burdens Act (H.R. 3633). H.R. 3633 is a response by...more

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

On December 26, 2013, the Office of Management and Budget (OMB) released its final “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” This guidance is applicable to...more

Other Bidders Question MN ALJ's Selection of Solar Generation

At the close of last year, Minnesota Administrative Law Judge Eric Lipman determined that the single solar proposal in a competitive resource acquisition process would provide the best value to Xcel ratepayers....more

Is Renewable Energy At Parity With Fossil Fuels? Not Quite, But Certainly Closer

According to ClimateWire on Tuesday, a Minnesota state administrative law Judge’s recommendation to the state Public Utility Commission may be the first time that a solar project has been declared cost-competitive against...more

OMB Revises and Consolidates Rules Governing Most Federal Grants

In the final days of 2013, the White House Office of Management and Budget (OMB) released for publication long-awaited final guidance on administrative requirements, cost principles and audit requirements pertaining to...more

FOIA 2013 Wrap-Up – Summary Of Year End PAC Opinions

The Attorney General’s Public Access Counselor (PAC) closed out the year by issuing two binding opinions. The following is a summary of key points from the opinions of which public bodies should be aware....more

On Second Thought, Wage Ordinance Does Not Expand Federal Court's Jurisdiction

Miami-Dade County's prevailing wage ordinance, which sets minimum wages on publicly funded construction projects, does not authorize plaintiffs to litigate prevailing wage claims in court under the auspices of the Fair Labor...more

Focus on Regulatory Law -- December issue

This bi-monthly Regulatory Newsletter synthesizes news in the energy, electronic communications, public health and public procurement legal sectors. The decisions and judgements of the French Supreme Administrative Court...more

GAO Dismisses Protest Alleging Noncompliance with E-Verify Requirements

In Ashland Sales & Service Co., B-408969 (Nov. 1, 2013), the Government Accountability Office (“GAO”) dismissed a protest by Ashland Sales & Service Co. (“Ashland”) alleging that a contract for lightweight jackets was...more

New York Federal Court Holds that False Certification is Not Actionable Under False Claims Act Unless it Involves a Condition for...

United States ex rel. Qazi v. Bushwick United Housing Dev. Fund Corp., et al., 11 Civ. 1592 (BMC) (E.D.N.Y.): A New York federal district court dismissed an action alleging that a day care provider violated the federal and...more

Bidding on State Land Trust Leases: Even the Top Revenue-Generating Bids Must be Balanced Against Qualitative “Best Use” Factors...

The Court of Appeals recently held that that the Commissioner of the State Land Trust Department properly balanced Wildearth Guardians, Inc.’s higher revenue-generating bid against “best use” qualitative factors set forth in...more

Ethics Laws and the Importance of Transparency for Public Officials [Video]

Matthew "Mal" Richardson, who serves as city attorney of Stanton and assistant city attorney of Lake Forest, talks about the Brown Act, ethics training for public officials and other important laws and regulations that ensure...more

Cities and Counties Must Provide Report Before Approving Economic Development Subsidies to Businesses

New Law Applies to Subsidies of $100,000 or More - Gov. Brown last week signed into law AB 562, legislation that will require all cities and counties to provide a report to the public before approving any economic...more

"Shutdown and Debt Ceiling Crisis Would Pose Distinct Challenges for Government Operations"

Absent intervening legislation, the U.S. federal government’s appropriations will lapse on October 1, 2013, prompting a government shutdown. Separately, the secretary of the Treasury has informed Congress that, no later than...more

ALJ Rules “Non-Asian” Group Not Protected Under Executive Order 11246

A Department of Labor Administrative Law Judge (“ALJ”) ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs (“OFCCP”) cannot proceed with a disparate impact claim against a clothing manufacturer...more

OFCCP Scores Surprising Victory in its Continuing Battle for Jurisdiction Over Healthcare Providers Based on TRICARE Participation

On July 22, 2013, the Office of Federal Contract Compliance Programs (OFCCP) won a surprising victory before the Department of Labor’s (DOL) Administrative Review Board (ARB), breathing new life into the agency’s efforts to...more

RIDEM’S New Expedited Citation Process: Look Before You Leap

On July 15, 2013, the Governor signed a new law that expands the enforcement options available to the Rhode Island Department of Environmental Management (“RIDEM”) to include an expedited citation process. In lieu of issuing...more

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