Government Contracting Updates

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Gasp! VETS-4212 Final Rule Offers More Rules With Less Burden for Government Contractors

On September 25, 2014, the Department of Labor's Veterans' Employment and Training Service (VETS) agency published a Final Rule revising the reporting requirements under the Vietnam Era Veterans' Readjustment Assistance Act...more

Seventh Circuit Reaffirms Worthlessness of Worthless Services Cases

In August the Seventh Circuit expressed its view that so-called “worthless services” cases don’t state a claim under the False Claims Act. Last Friday the court reaffirmed its view by refusing to rehear the case en banc....more

Seventh Commandment of Government Contracting: Thou shalt avoid hostility

For someone coming into Government contracting for the first time, one of the most difficult things to understand is the role that protests and disputes play in the Government contracting world. In the commercial sector, the...more

OFCCP Issues Two New “FAQs”

The OFCCP recently added two new “FAQs” to its website to help explain contractors’ obligations under new Section 503 and VEVRAA regulations. The first addresses the information contractors must maintain related to efforts to...more

Final Rule Issued for $10.10 Minimum Wage for Federal Contractors

In February 2014, President Obama issued Executive Order 13658 to raise the minimum wage for federal construction and service contractors to $10.10 for all employees. Executive Order 13658 instructed the Department of Labor...more

Weekly Update Newsletter - October 2014 #3

DoD, GSA, and NASA Issue Final Rule to Amend FAR Uniform Procurement Identification - The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)...more

Energy Storage Alert: California Public Utilities Commission Approves Utility Energy Storage Procurement Plans

At its business meeting yesterday, the California Public Utilities Commission (“Commission”) unanimously approved procurement plans for Southern California Edison, San Diego Gas and Electric and Pacific Gas and Electric to...more

And You Thought a One-Third Contingency Was High

On Tuesday a federal court in Illinois awarded fees of $200,000 to attorneys for a whistleblower in a False Claims Act action. Not impressed? Well, consider this: the whistleblower got a little less than $30,000. Figured...more

Life Care Centers Seeks Sixth Circuit Review of Decision Allowing Statistical Sampling/Extrapolation in FCA Case

Last week, we posted about U.S. District Court Judge Harry Mattice’s September 29th ruling that government attorneys could extrapolate from a small sample of patient admissions to over 50,000 patient admissions (and over...more

Federal Court Dismisses FCA Claims Based on Alleged Customs Violations

In United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., a federal court in the Eastern District of Pennsylvania recently dismissed claims alleging that the defendant mismarked foreign-made pipe fittings...more

Minimum Wage for Federal Contract Workers Will Increase to $10.10 on January 1

The U.S. Department of Labor (DOL) has raised the minimum wage for federal service and construction contract workers to $10.10, in a final rule that takes effect January 1, 2015. This final rule implements Executive Order...more

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act Cases: October 2014

Trends & Analysis - Between our last Qui Tam Update and the end of June, 65 health care–related qui tam cases were unsealed (28 in April, 18 in May, and 19 in June). Within those 65 cases...more

Enactment of SB 785 Clears Caltrain Electrification for Design-Build

California Governor Edmund G. Brown, Jr., has signed California Senate Bill (SB) 785. As my colleague Nancy Smith has observed, enactment of SB 785 is a major step forward for the State of California, because now many more...more

“Prior or Pending Litigation” Exclusion Bars Coverage for Litigation that Was Unknown to Policyholder

Companies that do business with the federal government, or whose business transactions otherwise involve payments by the government, undoubtedly understand the exposure they face to “whistleblower” or “Qui Tam” lawsuits...more

District Court Approves Government’s Use of Sampling and Extrapolation to Prove False Claims Act Liability

In United States ex rel. Martin et al. v. Life Care Centers of American, Inc., the Court held that the government could extrapolate from a random sample in order to impose False Claims Act (FCA) liability against Life Care...more

Segregating Worktime For Purposes Of The "Contractor Minimum Wage"

The U.S. Labor Department's voluminous final regulations "Establishing a Minimum Wage for Contractors" under Executive Order 13658 (about which we have written previously) have now been published. The provisions and related...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

Weekly Update Newsletter - October 2014 #2

SBA Data Shows Large Firms are Nabbing Contracts Reserved for Small Businesses - Federal procurement data show that large companies, including leading defense contractors, last year received millions of dollars in...more

Texas Supreme Court Argument Preview (10/14)

No. 13-0199, Steadfast Financial LLC v. Bradshaw - This is an oil & gas royalty dispute in which a non-participating royalty owner sued the owner of the executive right for failure to obtain a higher royalty interest in a new...more

Global Procurement Quarterly - Summer/Fall 2014

In This Issue: - Recent Trends in FCPA Enforcement – First Half of 2014 - Ukraine/Russia–Related Sanctions - New Executive Order Places Additional Reporting Obligations on Government Contractors and...more

UK Electricity Market Reform

On 16 October 2014, the first CfD allocation round commences, with the first CfDs being signed as early as January 2015, subject to any mid-allocation round appeals. The attached “Contracts for Difference – On the Launchpad”,...more

Another Potential Option for Disappointed Bidders in LPTA Procurements

In today’s contracting atmosphere, government agencies are increasingly relying on procurements conducted on a lowest-priced, technically-acceptable (“LPTA”) basis. It is not uncommon in such competitions for the winning...more

WHD Publishes Final Rule Increasing Federal Contractors’ Minimum Wage

On October 7, 2014, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published its Final Rule establishing standards and procedures to implement Executive Order 13658, entitled “Establishing a Minimum...more

Skilled Nursing Facility Reaches Largest Failure of Care Settlement in DOJ History

On Friday October 10, 2014, the Department of Justice (DOJ) and the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) jointly announced a $38 million settlement with a skilled nursing facility...more

Mexico Announces New Timelines for its Fast-Approaching Round One

Recent presentations by Mexican government officials indicate that upstream oil and gas bid processes will begin on a rolling basis in November and will continue through March 2015. Officials are also starting to “test” legal...more

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