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General Business Government Contracting

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

Protecting Privilege In FCA Cases From Start To Finish

The False Claims Act has been a hot area of litigation for years, and current statistics signal that this trend will not end any time soon. With lucrative rewards for whistleblowers and the possibility of treble damages and...more

DOJ Continues to Crack Down on SBA Fraud

by Alston & Bird on

On April 25, 2017, the DOJ announced that Michelle Cho, an officer of Far East Construction Corporation and other companies, received both prison time and civil penalties for her involvement as the mastermind of a fraudulent...more

Descoping of works: what is the employer entitled to do?

by White & Case LLP on

Financial constraints mean that employers are often looking to descope works from major projects. But how feasible is this? A recent case highlights the potential implications for employers who attempt to descope works...more

DOT’s DBE Program Helps Promote Growth

by PilieroMazza PLLC on

The U.S. Department of Transportation (“DOT”) Disadvantaged Business Enterprise (“DBE”) Program provides opportunities for small businesses, owned and controlled by socially and economically disadvantaged individuals, Tribes...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit...more

Procurement Pulse - May 2017

by DLA Piper on

Some interesting new developments in procurement law this month. Whilst the case has now been settled and is the subject of an independent enquiry, we report on the Supreme Court's final ruling on the Energy Solutions case,...more

OMB Gives Grant and Cooperative Agreement Recipients Additional Time to Comply With New Procurement Requirements Mandated by...

The Office of Management and Budget (“OMB”) announced earlier this week that it is giving universities, nonprofits, state and local governments, and other “non-Federal entities” an additional year to comply with the new...more

New CVE Guidance on Joint Ventures and Mentor-Protégé Relationships

by PilieroMazza PLLC on

Earlier this month, the VA’s Center for Verification and Evaluation (“CVE”) published a new VA Verification Assistance Brief, Understanding Joint Venture and Mentor-Protégé Agreement Eligibility (“Assistance Brief”). The...more

Risky Business — Intracompany Transfers at Price v. Cost

The FAR cost principles and their DAR and ASPR predecessors have long provided that “materials, supplies, and services” can be transferred between “divisions, subdivisions, subsidiaries, or affiliates of the contractor” at a...more

GAO Finds NIH Failed to Refer SDVOSB Offeror’s Capability to SBA

by PilieroMazza PLLC on

In a recently published GAO decision, GAO sustained a SDVOSB’s protest of its exclusion from the competitive range by NIH under the CIO-SP3 SB GWAC procurement. The CIO-SP3 SB RFP required an evaluation of proposals in...more

West Coast Real Estate Update - May 2017 - #2

by Holland & Knight LLP on

Federal Court Upholds Termination of Navy Lease Bid Due to Environmental Concerns - In Open Spirit, LLC v. United States, No. 15-370C (Fed. Cl. filed April 28, 2017), the U.S. Court of Federal Claims upheld the...more

April Bid Protest Roundup

Our monthly bid protest roundup for April identifies decisions by the Government Accountability Office (GAO) and the Court of Federal Claims on issues concerning: small businesses’ right to a certificate of competency review...more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Call for Bids for Cárdenas-Mora and...

by Shearman & Sterling LLP on

On May 2, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant a license agreement in partnership with...more

NEC4 suite of standard form contracts to be released in June

by White & Case LLP on

On 22 June 2017, the NEC4 suite of standard form contracts will be officially launched at the NEC Users' Group's Annual Seminar. This new suite will replace the popular NEC3 suite, which was first published back in 2005....more

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things

by Burr & Forman on

Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more

Debt Dialogue: April 2017 - Minnesota Appeals Court Addresses Accounting for Trustee’s Fees and Expenses

In a short decision, In re that Certain Indenture Date as of April 1, 2010 (MN Ct. App. April 3, 2017), the Court of Appeals of Minnesota recently addressed a challenge to the award of trustee fees and legal expenses brought...more

“Buy American” – President Trump Orders Federal Agencies to Enforce Government Procurement Rules

by K&L Gates LLP on

President Trump’s “Buy American” agenda continues to pick up steam. Following up on earlier executive action prioritizing use of American-made steel in new pipeline construction, President Trump has ordered federal agencies...more

The Buy American and Hire American Executive Order: What It Means For Supply Chain Management

by Jones Day on

In our December 2016 Commentary on the "Government Contracts Ramifications of the Trump Election" and our January 2017 update, we predicted that the Trump Administration would seek to strengthen domestic preferences in...more

Laws and Regulations Affecting Government Contractors

by Polsinelli on

How Trump’s “Buy American and Hire American” Could Alter Procurements - The President’s “Buy American and Hire American” Executive Order (EO), issued April 18, 2017, reflects Executive Branch policy and orders several...more

PilieroMazza Legal Advisor - Second Quarter 2017

by PilieroMazza PLLC on

Special Labor and Employment Issue - This issue of the Legal Advisor is a special edition focusing entirely on Labor and Employment topics. The articles in this issue highlight challenges we often encounter and help...more

Confidentiality Agreement Rule Poses New HR-related Compliance Burden for Contractors

by Hogan Lovells on

While contractors (and their HR departments) dodged a serious bullet with Trump’s recent invalidation of the 2016 FAR blacklisting rule, they need to be alert to a new HR-related compliance requirement as a result of a rule...more

Weekly Update Newsletter - April 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards - The U.S. Small Business Administration (“SBA”) has issued a proposed...more

Gov't Nonintervention In Agape And Future FCA Cases

by Morrison & Foerster LLP on

If, as the saying goes, power corrupts and absolute power corrupts absolutely, what then to make of the government’s absolute veto power over False Claims Act settlements? In United States ex rel. Michaels v. Agape Senior...more

Earn-Outs in M&A Transactions: Red Flag Issues that Government Contractors Should Avoid

by PilieroMazza PLLC on

Government contractors who wish to grow by purchasing an existing business are aware of one simple truth: The value of the target is linked directly to its ability to transfer its existing contracts. If there is a high risk...more

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