Education Government Contracting

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Tragic Death Focuses Attention on Campus Police

While the nation’s attention has been focused on incidents involving the use of lethal force by local police—and ensuing racial and community unrest, protest, and violence—recent incidents involving campus police highlight...more

Construction Corner: Design-Build Project Delivery

In the case of a design-build project, the owner enters into a single contract with a design-builder for both design and construction services. This is unlike Design-Bid-Build (“DBB”) and Construction Manager at Risk project...more

Seventh Circuit Rejects FCA Implied False Certification Theory

On June 8, 2015, the U.S. Court of Appeals for the Seventh Circuit rejected the doctrine of implied false certification in a False Claims Act (“FCA”) lawsuit, U.S. ex rel. Nelson v. Sanford-Brown Ltd. No. 14-2506, 2015 WL...more

Construction Corner: Identifying the Need for a Construction Manager for Your School Construction Project

Now that we have reviewed the necessary steps for a successful solicitation process for a design professional, we will focus on the role a construction manager may play and offer suggestions on how to identify whether or not...more

Construction Corner: Preparing RFQs and RFPs for Design Services for Your School Construction Project

Last week, we discussed the requirements of the selection process for the architect of a state-assisted school construction project as well as the importance of procurement protocols for all projects regardless of the source...more

Construction Corner: Selecting an Architect for Your School Construction Project

Last week, we discussed the importance of evaluating the capabilities of your initial project team to assess the need for a third party project manager. This week we will focus on selecting the architect who will best serve...more

University of California Issues Draft RFP for UC Merced 2020 Project

The Regents of the University of California, on behalf of the University of California, Merced, issued a draft Request for Proposals (RFP) for the UC Merced 2020 Project on May 7, 2015. The draft RFP was provided to the...more

DRM Legislative Update - February 2015

In This Issue: - Determination First, Details to Follow - Committee Approves State False Claims Act - Rent-to-Own Legislation Substantially Modified - Senate Judiciary Considers Limit on Building...more

ERISA: Sometimes A Government Employee’s Benefits Could Be Governed By ERISA?

You already know that employee benefit plans established by governmental entities are exempt from ERISA. But ERISA might apply if the employee benefit for the government employee is established through an association....more

School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

My kids don’t like riding in my car. I urge them to look outside the window (I don’t have DVD), suggest that they roll down their windows to get some fresh air (rather than have me turn on the A/C) and persist on...more

Minnesota Weekly Legislative Update: 02/2015

Bills are starting to move from Minnesota legislator hands to the committee calendar. The House’s introduction calendar on Thursday brought forth a record 102 bills to be included in this year’s session....more

Construction Alert: School District Flunks Public Contract Code Exam on Withholding Retention

On January 27, 2015, the Court of Appeal, Second Appellate District, affirmed, in part, a hefty trial judgment against the Rio School District for improperly withholding retention funds in the case of FTR International, Inc....more

Want to Be Part of the State? Depends on Why You Ask

Some questions can’t be answered in a vacuum. That’s the situation when the question is whether an entity wants to be part of the state or separate from it. If the specific issue is whether its board meetings are open to...more

Office Depot Agrees to Pay $68.5 Million to Settle California FCA Claims

A California judge approved a $68.5 million settlement yesterday to resolve allegations that Office Depot violated the California False Claims Act (CFCA) by overcharging California public entities for office and classroom...more

University of California Shortlists Three Teams for UC Merced 2020 Project

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (UC Merced), announced today that three teams have been shortlisted to submit detailed proposals for the Request...more

Will 2015 be The Year for Pay-to-Play Reform in New Jersey?

New Jersey’s pay-to-play laws have been described as a “dizzyingly complex array of statutes, ordinances and executive orders.” New Jersey currently has different laws in effect that apply to State government contracts, State...more

Whistleblower Takes Next Step in Lawsuit Against Philadelphia School District

Four years ago, Francis X. Dougherty was fired after revealing the existence of a $7.5 million no-bid security camera contract within the Philadelphia School District. Now, he has won a major victory in his whistleblower...more

Bribery Is Not a Free Speech Right, Judge Says

In late 2012, a California district attorney’s office obtained an indictment charging 18 defendants, including school board members, administrators and contractors, with conspiracy, bribery, perjury, filing false gift reports...more

California Attorney General Offers Guidance on Scope of Government Code Section 1090

Pair of Recent Opinions Clarifies Conflict-of-Interest Statute - California Attorney General Kamala Harris recently issued two opinions illuminating the scope of Government Code section 1090, the powerful and...more

Six Teams Submit SOQs for Reissued UC Merced 2020 Project RFQ

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (“UC Merced”), announced on October 30, 2014 that it received Statements of Qualifications (SOQs) from six teams...more

White Collar Watch - September 2014

In This Issue: - Conditions of participation vs. conditions of payment – a recent trend in False Claims Act cases - SEC gives first whistleblower award to audit and compliance employee - Whistleblower...more

7th Circuit Rejects Public-Disclosure Bar in Qui Tam Case

In United States ex rel. Heath v. Wisconsin Bell, Inc., No. 12-3383 (7th Cir. July 28, 2014), the Seventh Circuit grappled with this bar on the use of publicly disclosed information, refusing to apply it in a case involving...more

Six Teams Submit SOQs for UC Merced 2020 P3 Project

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (“UC Merced”), announced on August 1, 2014 that it received Statements of Qualifications (SOQs) from six teams in...more

Environmental Considerations For School Construction

School construction projects present special challenges and must be carefully managed to ensure that environmental issues are safely and well-handled and the health and safety of the school population is protected. New...more

Higher Ed False Claims Act Suits – Pass or Fail?

Career Education Corporation, like a host of other for-profit education companies, has found itself spinning on the courthouse revolving door. The latest legal challenge for CEC: a False Claims Act suit filed in federal court...more

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