General Business Administrative Agency Government Contracting

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FSOC Criticized by Government Accountability Office, but GAO Report Misses Critical Substantive Improvements; FRB Begins to...

The U.S. Government Accountability Office just issued a report on the Financial Stability Oversight Council's (“FSOC”) systemically important financial institution (“SIFI”) designation process, entitled “Further Actions Could...more

DoD's Updated FOIA Program and Exemption 4 Guidance

On September 3, 2014, the Department of Defense (DoD) issued a proposed rule updating its policies and procedures implementing the Freedom of Information Act (FOIA), including FOIA Exemption 4. FOIA Exemption 4 exempts from...more

A Recent Reminder of the Sovereign Acts Doctrine

The sovereign acts doctrine provides that the federal government, when sued as a contractor, cannot be held liable for an obstruction to the performance of the particular contract resulting from its public and general acts as...more

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

Trade & Manufacturing Alert - January 2013

In This Issue: - DOE Accepting Comments On Liquid Natural Gas Export Study - Positive Developments Improve The Business Case For Returning Manufacturing To The United States - Stainless Steel Sinks Industry Sees...more

The Whistleblower Era

It has taken a long time but the status of whistleblowers has reached an all time high. Whistleblowers can expect even more encouragement and protections in the future. ...more

Minor Problems In Environmental Impact Report Are Not Prejudicial Defects

A recent appellate case addressed the issue of minor problems and deficiencies in an Environmental Impact Report (“EIR”) and whether they were prejudicial errors that amounted to defects in the approval process required for a...more

Mixed Results for Renewable Energy as State Assembly Goes on Recess

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

Retroactive Revival Of Liability By Legislation

The US Supreme Court sometimes makes news by refusing to hear cases, not by taking them. That was certainly the case on May 29, 2012 when the Supreme Court declined to hear a case in which Minnesota’s high court upheld state...more

Massive San Diego Desalination Plant Takes Major Step Forward

The San Diego County Water Authority (SCWA) has negotiated a proposed agreement with a private developer under which it will purchase at least 48,000 acre-feet of desalinated water per year for 30 years, from a Carlsbad...more

Mexico Enacts Anti-Corruption Law for Federal Government Contracting

New law imposes heavy sanctions on individuals and companies offering money and gifts to obtain an advantage in the procurement of public contracts. Mexico has joined a growing number of Latin American countries that...more

California Proposes New Law To Deal With Underground Economy

California Senate Bill 1185 (SB 1185) is a new effort aimed at the underground economy in the State, estimated to be valued at between $60 billion and $140 billion each year. Underground transactions prevent the State from...more

California Files Suit Against Whittier to Stop Oil Leases

The City of Whittier, California wants to allow oil drilling on a 20 acre parcel of land purchased as part of a much larger parcel acquired by the City in the 1990’s using bond funds approved by Proposition A. The Santa...more

New Provisions of California's False Claims Act

California Governor Jerry Brown recently signed into law AB 2492, amending California’s False Claims Act to better conform it to requirements of the federal False Claims Act. In addition to amending definitions of “conduct”...more

Local Governments Facing Tough Times, Bankruptcy

What do Stockton, San Bernardino and Mammoth Lakes,California have in common? If you were thinking about warm weather, plenty of sunshine and the California lifestyle, you might be right, but that’s not the answer we’re...more

California Statutes Generally Prohibit A General Law City From Contracting With A Private Entity For Nonspecial Services

In a case involving an employees’ association’s challenge to a city’s plan to contract out for a variety of city services, a court of appeal found that as a general rule, California statutes prohibit a general law city from...more

Healthcare Companies Need to Update Compliance

The Supreme Court’s decision upholding most of the Affordable Care Act increased compliance responsibilities for healthcare companies. The ACA amended the False Claims Act (FCA), which was amended in 2009 in the Fraud...more

The Davis-Bacon Corner

It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more

Department of Treasury Proposes Rule Aimed To Ensure Diversity In Its Contractor Workforce

Consistent with the mandate under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Treasury Department issued a proposed rule that would require contractors doing business with the agency to confirm their...more

The Mid-90s Commercial Item Reforms: Turning Back the Clock?

Originally published in Federal Contracts Report, 98 FCR 210 on 08/14/2012. The mid-90s were a watershed for the federal procurement system. The Federal Acquisition Streamlining Act of 1994 (FASA) and the Clinger-Cohen...more

The Six Most Significant Recent Amendments to the False Claims Act

If you do business with the government (e.g. defense industry or health care), your greatest risk is the False Claims Act. The United States government is the world’s largest purchaser of goods and services. The...more

Construction Law Alert: "A Guide To North Carolina’s 2012 Mechanic’s Lien And Bond Law Changes"

The General Assembly’s 2012 “short session” resulted in many controversial changes to North Carolina’s mechanic’s lien and bond laws. The changes were included in two bills, House Bill 1052 and Senate Bill 42. Governor...more

In-House Counsel: A Juggling Act (Part I of II)

Let’s try and look at the world from the viewpoint of in-house counsel. In a two-part series, I try and focus on the current state of in-house counsel. Part I focuses on the overall view from a macro-standpoint. Part II...more

OFCCP Rescinds Directive 293 Regarding Jurisdiction Over Health Care Providers and Insurers

The United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has rescinded Directive 293, Coverage of Health Care Providers and Insurers, which outlined OFCCP policy for determining whether...more

Mandatory Debarment for FCPA Violations? A Bad Idea Whose Time Should Never Come

In the fervor of the U.S.'s current anti-foreign-corruption efforts, a particularly misguided proposal has occasionally reared its ugly head: Requiring “mandatory debarment” for any company that violates the Foreign Corrupt...more

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