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Administrative Agency Government Contracting

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters....more

Court Finds Provider Failed to Exhaust Administrative Remedies in Suit Against Government Contractor for Withheld Reimbursement

by King & Spalding on

On August 28, 2017, the United States District Court for the Eastern District of Michigan held that a provider must fully exhaust administrative remedies before it can seek a remedy in Federal court against a Medicare...more

Time Will Tell Whether Trump Executive Order Succeeds in Reducing Time for Federal Environmental Review and Permits for Major...

On August 15, 2017, President Trump issued Executive Order 13807 (EO 13807), which seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and procedures. The...more

Contracting Under Federal Procurement Requirements After Hurricane Harvey

by Baker Donelson on

As impacted public entities and non-profits begin the long road to recovery after Hurricane Harvey, it is critical that they do not overlook or ignore compliance with important regulatory requirements upon which federal...more

Beltway Buzz - September, 2017

2016 Overtime Rules Invalidated. U.S. District Court invalidates 2016 changes to overtime rules. Steven F. Pockrass has the details here....more

EEOC’s Pay Data Collection Requirement Suspended

by Epstein Becker & Green on

On August 29, 2017, the U.S. Office of Information and Regulatory Affairs (“OIRA”), a division of the U.S. Office of Management and Budget, informed the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”)...more

Ninth Circuit: Employer’s Good Faith Reliance on HR Director is Not a Defense for Any I-9 Form Compliance Violations – Civil...

On August 7, 2017, the Ninth Circuit affirmed a several hundred thousand dollar penalty against a Phoenix, Arizona employer for violating several provisions of the United States Code related to an employer’s statutory...more

Contractors Need to Fully Address False Claims Act Allegations During Suspension or Debarment Proceedings

by Holland & Knight LLP on

Companies involved in False Claims Act suits filed by qui tam relators often find themselves facing potential suspension or debarment from federal contracting. A recent decision out of the United States District Court for the...more

ALJ Narrows OFCCP’s Request for Google Employee and Pay Data

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last Friday, an administrative law judge limited the amount of information that the OFCCP may seek from Google in its on-going compliance audit because the agency failed demonstrate relevance or justify the...more

Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP

On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”)...more

Administrative Law Judge Sides With Google in Denial-of-Access Case

by Ballard Spahr LLP on

In an advantageous decision for federal contractors, an Administrative Law Judge (ALJ) ruled last week that a demand by the Office of Federal Contract Compliance Programs (OFCCP) for pay data about Google employees was...more

Proposals are Only as Strong as their Weakest Link: GAO Affirms Non-responsiblity Determination Based on Subcontractor’s Lack of...

by Bass, Berry & Sims PLC on

The GAO recently denied Leidos Innovations Corporation’s protest of a determination that Leidos was ineligible to receive a $272 million award by the U.S. Army despite Leidos having both the highest-rated technical proposal...more

Weekly Update Newsletter - June 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Rules of Procedure Governing Cases Before the Office of Hearings and Appeals - The U.S. Small Business Administration (“SBA”) has amended the rules of practice of its Office of Hearings...more

Weekly Update Newsletter - May 2017 #3

by PilieroMazza PLLC on

SBA Administrator Linda McMahon Appoints Four Senior Executives, SBA PRESS RELEASE (May 25, 2017) - Administrator Linda McMahon of the U.S. Small Business Administration (SBA) announced the appointment of four new...more

Labor and Employment Group News: Business and Employee Groups Oppose Merger of OFCCP with EEOC

by Murtha Cullina on

President Trump’s 2018 budget, released on May 23, proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC) by the end of FY 2018. The proposed...more

First Impressions of the President's Proposed FY18 Budget for Labor and Employment Agencies

On May 23, 2017, President Trump released his Fiscal Year 2018 (FY2018) budget proposal—a more detailed and developed version (it’s nearly 1300 pages long) of the so-called “skinny” budget that was released in March of 2017....more

State aid schemes to support investments (Romanian)

by Dentons on

The Ministry of Public Finance announced that between 12.06.2017 – 23.06.2017 there will be a new session for registering Financing Requests based on the provisions of Government Decision 332/2014 (as subsequently modified by...more

Weekly Update Newsletter - May 2017 #2

by PilieroMazza PLLC on

DEPARTMENT OF VETERANS AFFAIRS - Proposed Rule to Revise and Streamline VA Acquisition Regulation To Adhere to Federal Acquisition Regulation Principles - The Department of Veterans Affairs (“VA”) is proposing to amend...more

Third Circuit Weighs in on Materiality for First Time Since Escobar

by Pepper Hamilton LLP on

A recent circuit court decision will be a welcome development for False Claims Act defendants because it reinforces a significant pleading hurdle for claims to proceed, with the court citing lack of government intervention as...more

OFCCP Versus Google: The Battle Continues.

I posted in January about a lawsuit filed by the Office of Federal Contract Compliance Programs against Google, seeking to force Google to provide detailed information about its equal employment practices and affirmative...more

GAO Review Calls for Greater Oversight of DoD’s “Pilot” Mentor-Protégé Program

by Bass, Berry & Sims PLC on

Last month, the Government Accountability Office (GAO) released results from its investigation into the effectiveness of the Department of Defense (DoD) Pilot Mentor-Protégé Program. In accordance with the National Defense...more

GAO Bid Protests - Impacts of a Government Shutdown

by Jones Day on

The Office of Management and Budget ("OMB") has begun the preparations for a potential government shutdown, ordering agencies to review and update their shutdown plans. Only a few days remain for Congress to pass (and the...more

Top unmanned aircraft systems developments in 2017 for ADG companies

by Hogan Lovells on

Aerospace, defense, and government services (ADG) companies are not new to game-changing technology innovations. It is therefore no surprise that a number of ADG companies are early investors in unmanned aircraft systems...more

FOIA for Federal Contractors: Finding New Uses for a Familiar Tool

by Pepper Hamilton LLP on

Freedom of Information Act (FOIA) updates bookended the Obama administration. We previously covered the 2007 congressional update that immediately preceded Obama’s taking office. We now offer insight into how federal...more

Agency First! – CBCA Refuses Jurisdiction over Contractor’s Challenge of Wage Rate Adjustments Despite Final Decision from...

by Bass, Berry & Sims PLC on

On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should...more

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