Administrative Agency Military Government Contracting

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Limits on the Implied Duty of Good Faith and Fair Dealing

In Tug Hill Construction Inc., the Armed Services Board of Contract Appeals (“Board”) recognized the limits of the implied duty of good faith and fair dealing. In this case, the government entered into a firm, fixed-price...more

Weekly Update Newsletter - May 2015 #5

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Proposed Rule to Amend FAR: Contractors Performing Private Security Functions - The Department of Defense (DoD), General Services Administration (GSA), and...more

U.S. District Court in Pennsylvania Holds Subcontractor’s Miller Act Suit Not Subject to Stay Pending Prime Contractor’s...

Marenalley Constr., LLC v. Zurich American Ins. Co. and Nason Constr. Inc., 2015 U.S. Dist. LEXIS 30968 (E.D. Pa. March 13, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction project...more

OFCCP Clarifies Invitation to Self-Identify and Protected Veterans Reporting Requirements – New VETS-4212 Form

The Department of Labor’s Veterans’ Employment and Training Service (VETS) has issued its Final Rule revising its regulations implementing reporting requirements under the Vietnam-Era Veterans Readjustment Assistance Act of...more

Weekly Update Newsletter - April 2015 #4

GOVERNMENT CONTRACTS - DoD Published Competition Report for 2nd Quarter of FY 2015 - The Department of Defense (DoD) issued the Competition Report for the 2nd quarter for fiscal year 2015. The report identifies...more

OFCCP Drops the Annual Veterans Hiring Benchmark to 7 Percent

On April 21, 2015, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database on its website. The VEVRAA...more

GSA Faces Push-Back on Proposed Rule Eliminating PRC

Reed Smith attended last Friday’s General Services Administration’s (GSA) public meeting on the proposed Transactional Data Reporting rule. GSA’s proposed rule would eliminate the Price Reduction Clause (PRC) in favor of...more

Weekly Update Newsletter - March 2015 #2

GOVERNMENT CONTRACTS - DoD Issues Notice to Publish an Updated List of Product Categories for Which Federal Prison Industries Have a Significant Market Share - The Department of Defense (DoD) issued a Notice...more

Weekly Update Newsletter - March 2015

GOVERNMENT CONTRACTS - GSA Issues Notice of Public Meeting and Request for Comment on Proposed Rule to Amend GSAR Transactional Data Reporting - The General Services Administration (GSA) issued a notice of...more

Rhode Island Supreme Court Bars Second Arbitration Based On The Doctrine Of Res Judicata

An architectural firm contracted to provide architectural, engineering and design services for a state veterans home for a “not to exceed fee” of $61,500, which was calculated as a percentage of overall expected construction...more

Don’t Tell the Government “It Wasn’t Me”: ASBCA Holds Contract Void Ab Initio for Fraud

In the Appeal of Vertex Construction & Engineering, ASBCA No. 58988, decided last month, the Armed Services Board of Contract Appeals (“ASBCA”) exercised a “harsh” remedy in declaring Appellant’s contract void ab initio...more

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

SEC Brings Its Sixth Insider Trading Action As An Administrative Proceeding Since September

The SEC is clearly bringing more cases as administrative proceedings. To be sure, many of its “broken windows” actions are brought in that forum. At the same time, it is brining other cases which are traditionally brought as...more

Government Contractor Indictments Provide Reminder of Importance of Strong Workplace Policies, Training and Enforcement

A series of indictments, the most recent in August, remind government contractors of the increased scrutiny on the industry and the very real risk of employee fraud and abuse. Government contractors are encouraged to heed the...more

Recent Developments May Impact Service-Disabled Veteran-Owned Small Business Verification Processes And Contracting

Over the past few weeks there have been two significant developments that may impact both the U.S. Department of Defense's (DoD) and the U.S. Department of Veterans Affairs' (the "VA") Service-Disabled Veteran-Owned Small...more

Recent Guidelines for Employers of Active Duty & Veteran Service Members

With the recent drawdown of troops serving in Iraq and Afghanistan, many veterans will be leaving active military duty and returning to the U.S. workforce. The Equal Employment Opportunity Commission (EEOC) has issued timely...more

There are Two Nationalities for the Nation of the United States

Discover that since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, who is not a citizen of the several States (united) and a citizen of the several States...more

Feds Are Gearing Up for Veterans' Return to the Workforce, and Employers Must Prepare as We Welcome Our Veterans' Home

As the war winds down and an estimated 1 million veterans return to the workplace, the U.S. Department of Labor and the Equal Employment Opportunity Commission are preparing for veteran-related litigation. Employers can...more

Legal Alert: VETS 100/VETS 100A Report Filing Deadline Extended to January 15, 2012

The Department of Labor's Veterans' Employment and Training Services Division (VETS) has again extended the deadline for applicable federal contractors to file a VETS 100/VETS 100A report. VETS recently issued a special...more

Early Steps Toward a Streamlined Export Control System: Proposed Changes to the ITAR and EAR

On November 7, 2011, the U.S. State Department published a proposed rule amending the International Traffic in Arms Regulations (“ITAR”) by narrowing the categories of aircraft and related equipment controlled on the United...more

Legal Alert: Federal Contractors May Now File VETS 100/VETS 100A Reports—Deadline Extended to December 30, 2011

The Department of Labor's Veterans' Employment and Training Services (VETS) recently issued a special announcement on its website indicating that the VETS 100/100A online reporting application is now live. In our...more

Legal Alert: DOL Extends Deadline for Second Time to Submit VETS 100/VETS 100A Reports

The Department of Labor's Veterans' Employment and Training Services (VETS) has announced that due to technical problems implementing the electronic submission of VETS 100/VETS 100A forms, federal contractors required to file...more

September 8, 2011 - The OFAC SDN Sanctions Legal News

The OFAC SDN Sanctions Legal News discusses current OFAC SDN issues written by a OFAC SDN Removal Lawyer....more

"Technical Difficulties" Cause DOL to Delay Deadline for VETS-100 & VETS- 100A Filing

The U.S. Department of Labor has posted a notice on the Veterans' Employment & Training Service website that the September 30 filing deadline for VETS-100 and VETS-100A Reports has been extended 60 days. The website is...more

10 Social Media Must Haves for Your Company's FAR-Mandated Compliance Program

As we discussed here last November, the United States Navy, the other military services, and the Department of Defense, have all recognized that their personnel are using social media and have responded by establishing...more

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