Government Contracting

Senate Includes Buy American Requirement in Water Resources Development Act of 2013: Provision Would Mandate Use of American Iron,...

by King & Spalding on 5/18/2013

The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more

Three California Contractors Fined a Total of $1.8 Million For Willful Violation of CA Wage, Apprenticeship Laws

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/17/2013

As reported in the Bloomberg BNA Daily Labor Report, three contractors were found by the California Labor Commissioner to have “willfully” violated state wage and apprenticeship laws. The contractors were ordered to pay over...more

OFCCP Sets Deadline for Implementation of 2010 Census Data

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/17/2013

On May 15, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that covered federal contractors will have until January 1, 2014 to start using 2010 Census data for determining availability when...more

Victorian Government Reforms PPP Policy to Support Infrastructure Growth

by Catie Burdett, Kimberley Wilson | K&L Gates LLP on 5/16/2013

The Victorian State Government announced on 2 May 2013, significant reforms to its Public Private Partnership (PPP) policy to support infrastructure growth in Victoria (Policy). The Policy is aimed at encouraging private...more

Cuba Practice Update -- May 16, 2013

by Matthew Aho, Pedro Freyre, Augusto Maxwell | Akerman Senterfitt on 5/16/2013

Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or...more

Federal Contractors Must Use 2010 Census Tab Starting January 1, 2014

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/16/2013

Earlier this afternoon, the Office of Federal Contract Compliance Programs (OFCCP) announced that all federal contractors must use the 2006-2010 American Community Survey Equal Employment Opportunity Tabulation (2010 EEO Tab)...more

Indiana Finance Authority and Indiana Department of Transportation Set Date for I-69 Section 5 Industry Forum

by Nossaman LLP on 5/15/2013

The Indiana Finance Authority (IFA) and the Indiana Department of Transportation (INDOT) will hold the I-69 Section 5 Industry Forum on May 22, 2013. Sign in will begin at 10:00 a.m. ET and the program will start promptly at...more

NLRB Posting Requirement Struck Down by Court; Federal Contractors Still on the Hook

by Thompson Coburn LLP on 5/15/2013

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

The Cyberlock Decision: District Court Rules That Non-Specific Teaming Agreements Are Unenforceable

by Keir Bancroft, Marina Burton Blickley, James Y. Boland, Rebecca Pearson | Venable LLP on 5/15/2013

Government contractors will want to review their teaming agreements following the recent decision in Cyberlock Consulting, Inc. v. Info. Experts, Inc.. In Cyberlock, the U.S. District Court for the Eastern District of...more

OIG Updates Special Advisory Bulletin on the Effect of Exclusion from Participating in Federal Health Care Programs

by Ropes & Gray LLP on 5/15/2013

On May 8, 2013, the Office of Inspector General of the Department of Health and Human Services (“OIG”) released an Updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care...more

OIG Issues Updated Bulletin on Exclusion from Federal Health Care Programs

by Aaron Graham | Bradley Arant Boult Cummings LLP on 5/14/2013

On May 8, 2013, the Office of Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from federal health care programs. A federal health care program (e.g., Medicare and Medicaid) is...more

OIG Updates Special Advisory Bulletin on the Effect of Exclusion from Federal Health Programs

by Julie Kass | Ober|Kaler on 5/14/2013

On May 8, 2013, the OIG issued an update that supersedes and replaces its 1999 Special Advisory Bulletin, The Effect of Exclusion from Participation in Federal Health Care Programs. The updated bulletin continues to stress...more

Contract Award for Riverside Extension of SR-91 Express Lanes

by Margo Bennett, Corey Boock | Nossaman LLP on 5/14/2013

On May 8th, 2013, the Riverside County Transportation Commission (RCTC) approved a $632 million dollar design-build contract for the SR-91 Corridor Improvement Project. The design-builder is a joint venture between Atkinson...more

Georgia's Illegal Immigration and Enforcement Act

by Ben Shapiro | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

On July 1, 2013, all employers with more than ten employees will be required participate in the U.S. Department of Homeland Security's E-Verify system in order to obtain a business license as part of the Illegal Immigration...more

Federal Construction Contractors Beware: OFCCP Wants You!

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Colorado Construction Legislation Update

by Sherman & Howard L.L.C. on 5/13/2013

The 2013 Colorado Legislative Session ended on May 8, 2013. Although construction issues were not at the forefront, a few bills pertinent to the construction industry did appear and pass this Session. This advisory provides...more

PODs Beware: OIG Releases Special Fraud Alert

by Matthew Murer | Polsinelli on 5/10/2013

The Office of the Inspector General (OIG) released a Special Fraud Alert on March 26, 2013 warning that physician-owned distributorships (PODs) are "inherently suspect" under the Anti-Kickback Statute (AKS). Generally...more

New Laws in Virginia For The Construction and Development Industries

by Chandra Lantz on 5/9/2013

Virginia has several new laws coming on-line beginning July 1, 2013 that will impact the construction and development industries. Tighter restrictions on mechanic's liens, new eminent domain payment standards, transportation...more

The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 5/8/2013

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

New DOD Internal Policy Guidance on Counterfeit Parts: A Preview of Contractor Regulations?

by Frank Murray Jr. | Foley & Lardner LLP on 5/8/2013

The Department of Defense (DOD) has issued a new instruction that establishes internal DOD policies for detecting, avoiding, and remediating counterfeit parts in the DOD supply chain, and allocates responsibility among...more

$8 Million Penalty for Weak ITAR Compliance: How the Price of Maintenance Beats the Cost of Repair

by Reid Whitten | Sheppard Mullin Richter & Hampton LLP on 5/8/2013

On April, 30, 2013, Raytheon Company, a major military electronics and weapons manufacturer, agreed with the U.S. Department of State to pay $8 million in civil penalties and remedial expenditures to settle alleged violations...more

The “Keep Jobs In Colorado Act” Bad for Business, Bad for the State?

by Jared Berg | Sherman & Howard L.L.C. on 5/8/2013

A new law currently being debated in Colorado's legislature could expose companies working on public projects to civil penalties if their workforce does not consist of at least 80% Colorado labor. ...more

Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor

by Rebecca Jacobs, Mark Palchick | Womble Carlyle Sandridge & Rice, PLLC on 5/8/2013

In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in...more

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

by R. Michael Joyce | Allen Matkins Leck Gamble Mallory & Natsis... on 5/7/2013

In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed...more

Wartime Suspension Of Limitations Act Suspends Statute Of Limitations In False Claims Act Cases

by BuckleySandler LLP on 5/6/2013

The False Claims Act (FCA), which allows both the government and whistleblowers to seek treble damages for claims of civil fraud on the United States, is a powerful tool. In the past two years, the government has aggressively...more

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