Government Contracting Updates

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Pennsylvania Commonwealth Court Explains and Applies Active Interference Exception to No Damage for Delay Clause

John Spearly Constr., Inc. v. Penns Valley Area Sch. Dist., 2015 Pa. Commw. LEXIS 337 (Pa. Commw. Ct. July 24, 2015) - This action arose out of the construction of a biomass boiler system for the Penns Valley Area School...more

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

Another Potential “Hook” For Entities Doing Business with Federal Contractors: The NLRB’s Browning-Ferris Decision

The new and expansive standard for joint-employer status adopted by the National Labor Relations Board (NLRB) last week has significant implications that extend beyond employer liability for collective bargaining obligations...more

Obama Board Reaffirms Successor’s Right to Set Initial Terms of Employment when Taking Over Unionized Operation

Last week, the National Labor Relations Board issued a refreshingly employer-friendly decision which allowed a successor company to implement new pay terms without having to first bargain with the labor union. ...more

Three Ways to Avoid Bidding Pitfalls

When submitting a bid, contractors must take care to fulfill all pre-bid obligations to help the project run smoothly. What are the most important pre-bid actions to take? I was reminded of three critical points every...more

Reed Smith Instrumental in New Proposed Regulations Concerning the Sales Taxation of Shipping Charges in Illinois

On August 28, 2015, the Illinois Department of Revenue’s (the “Department”) proposed regulations clarifying the Department’s position on the sales taxation of shipping charges were posted to the Illinois Register, commencing...more

Pennsylvania’s Contractor and Subcontractor Payment Act Does Not Apply to Public Projects

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

Federal Court Upholds Louisiana Ban on Project Labor Agreements

A federal court in the Eastern District of Louisiana recently ruled that Louisiana’s ban on project labor agreements on public works projects was neither unconstitutional nor preempted by the National Labor Relations Act...more

Federal Small Business Set-Aside Contracts When Selling or Buying a Business

In a prior Alert, we provided a high-level overview of the Anti-Assignment Act, which requires federal pre-approval for the sale of federal government contracts, often through a “novation agreement” signed by the seller,...more

"DC Circuit Dismisses Challenge to SEC Rule 206(4)-5"

On August 25, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the D.C. District Court’s dismissal of a challenge to Securities and Exchange Commission (SEC) pay-to-play Rule 206(4)-5 (the Rule) and...more

DoD New Cyber Security Reporting Rules for Contractors

In a move that highlights the changing winds of federal cybersecurity policy, the Department of Defense (“DoD”) has issued an interim Rule (“Rule”) that imposes new security and reporting requirements on federal contractors,...more

The American Bar Association Joins Growing Chorus Of Groups Raising Concerns About Fair Pay And Safe Workplaces Regulations

On August 26, 2015, the Section of Public Contract Law of the American Bar Association (“ABA”) submitted public comments to the General Services Administration (“GSA”) and the U.S. Department of Labor (“DOL”) on their...more

Pennsylvania and Maryland Active with P3 Transportation Projects

The Pennsylvania Department of Transportation (“PennDOT”) expects to award bids to develop compressed natural gas (“CNG”) refueling stations throughout the state by the end of 2015 as the agency and its counterpart in...more

How Is a Relator’s Recovery in an FCA Settlement Taxed?

This rarely litigated question was presented to the Seventh Circuit in Patrick v. Commissioner of Internal Revenue, No. 14-2190, 2015 WL 5024985, — F.3d —- (Aug. 26, 2015). Previously, the First Circuit, in Fresenius Medical...more

Weekly Update Newsletter - August 2015 #3

GOVERNMENT CONTRACTS - DOD Issues Interim Rule to Amend DFARS: Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2013-D018)- The Department of Defense (DOD) issued an interim rule to amend...more

DoD's New Cybersecurity and Cloud Standards and Reporting Requirements

The Department of Defense (DoD) released interim rules implementing provisions of the 2013 and 2015 National Defense Authorization Acts. The rules, released on Aug. 26, 2015, are effective immediately and establish the...more

Supreme Court Clarifies the First to File Bar

The first to file bar is a limitation on the rights of members of the public to commence certain litigation under the FCA. In essence, the first to file bar prevents a member of the public from commencing an action based...more

Public Bid Rejected Based on Access to Inside Information

The Massachusetts Office of the Attorney General (“AGO”) this month denied a bid protest by a low bidder because it had access to “insider knowledge” about the University of Massachusetts building project through its...more

EU-Vietnam Trade Deal

The EU and Vietnam have concluded the substantive elements of a Free Trade Agreement (FTA), widely-hailed as one of the most ambitious and comprehensive such agreements that the EU has concluded with a developing country....more

TxDOT Shortlists Five Proposer Teams for the SH 249 Extension Project

Three months after the May 15, 2015 issuance of a Request for Qualifications (RFQ), the SH 249 Extension Project is another step closer to development. The RFQ solicited qualifications from teams interested in entering into...more

5 Takeaways From Former SAP Exec's FCPA Case

On Aug. 12, 2015, Vincente Garcia (former head of Latin American sales for SAP International Inc.) pled guilty in federal court in San Francisco to violations of the Foreign Corrupt Practices Act. In addition to pleading...more

“March-in” Rights – The (Paper) Damoclean Sword of Federal Procurement Patent Law

Given the recent PilieroMazza webinar on Data Rights in federal contracting, we have had a number of clients raise concerns or questions about the government’s “march-in” rights under the Bayh-Dole Act, which controls certain...more

Defense Department Issues Interim Rule Requiring Contractor and Subcontractor Reporting of Cyber Incidents

On August 26, 2015, the Department of Defense (DoD) published a long-awaited Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require “rapid” reporting of “cyber incidents” that result in...more

Proposed Changes to Stark Rule Would Create New Hospital Exceptions and Lessen Burden of Self-Disclosures

In a development that is limited in scope but still welcomed by hospitals, the proposed 2016 Physician Fee Schedule proposes a number of new exceptions to the physician self-referral or Stark law and other refinements that...more

P3 Turns the Lights On in Detroit, Michigan

The first freeway lighting system public-private-partnership (P3) in the U.S. closed on August 24, 2015, with the Michigan Department of Transportation (MDOT) and Freeway Lighting Partners, LLC, (FLP) reaching simultaneous...more

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