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Government Contracting Updates

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

GAO Bid Protests - Impacts of a Government Shutdown

by Jones Day on

The Office of Management and Budget ("OMB") has begun the preparations for a potential government shutdown, ordering agencies to review and update their shutdown plans. Only a few days remain for Congress to pass (and the...more

Executive Order Seeks to Bolster ‘Buy American’ Enforcement

by Morgan Lewis on

US President Donald Trump’s executive order aims to increase the use of US goods and materials in federal acquisitions. On April 18, President Trump signed the Presidential Executive Order on Buy American and Hire...more

Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone...

by Carlton Fields on

In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project, the Second Circuit...more

FINRA Updates Its Sanction Guidelines

Earlier this month, FINRA announced changes to its Sanction Guidelines through Notice to Members 17-13. FINRA’s Sanction Guidelines are used by FINRA disciplinary hearing panels to decide what, if any, sanctions to impose in...more

Defense Contractors to Face New Cost Accounting Oversight with Creation of Defense Cost Accounting Standards Board

Section 820 of the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) establishes a new Defense Cost Accounting Standards Board (“D-CASB”) to oversee the application of the Cost Accounting Standards (“CAS”) to...more

CMS Issues New SRDP Forms

by Dorsey & Whitney LLP on

The Centers for Medicare and Medicaid Services (“CMS”) issued new Self-Referral Disclosure Protocol (“SRDP”) forms, and, beginning June 1, 2017, these SRDP forms will be mandatory for those parties submitting voluntary...more

UPDATE: Congress and Trump Administration Repeal “Blacklisting” Rule, Relieving Contractors from Strict Labor Reporting and Other...

On March 27, 2017, President Donald Trump signed into law a Congressional Review Act (“CRA”) resolution repealing the so-called “blacklisting” rule, which would have imposed strict labor reporting and other requirements upon...more

OFCCP Secures $1.7 Million Settlement In Failure-To-Hire Case

The Office of Federal Contract Compliance Programs and Palantir Technologies, a California-based technology company, have agreed to settle a pending lawsuit for about $1.7 million. We first reported on this case in...more

Maine community solar procurement bill, LD 1444

by PretiFlaherty on

This week a committee of the Maine state legislature is scheduled to hold a public hearing on a bill that would direct state regulators to enter into long-term contracts to procure 120 megawatts of large-scale community solar...more

"New York Requires Contractors to Disclose Employee Salary Data"

In January 2017, New York Gov. Andrew Cuomo issued Executive Order 162 (the order) requiring state contractors to disclose the salary paid to employees who work on the contract. The order attempts to address disparity in pay...more

Does Your Company Need an Affirmative Action Plan?

by Nexsen Pruet, PLLC on

Executive Order (EO) 11246 prohibits federal contractors and subcontractors from discriminating against employees and applicants on the basis of race, color, religion, sex, sexual orientation, sexual identity, or national...more

Benefits for Veteran Owned Businesses

by Kiesewetter Law Firm on

Congratulations, you’ve finally done it! You got the sweet freedom that comes from getting your DD-214 and decided to started your own business. Now what? How do you put the years of service you dedicated to the military to...more

Government Contracting 101: Duty of Good Faith and Fair Dealing

by Fox Rothschild LLP on

The contractual duty of “good faith and fair dealing” is well established in private contracts. Depending on your jurisdiction, there is very likely either a formal or an informal rule that parties to a contract must deal...more

Health Care E-Note - April 2017

by Burr & Forman on

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion...more

Davis-Bacon Act Repeal Efforts Renewed

by Alston & Bird on

Republican members of Congress have renewed steps to repeal the Davis–Bacon Act, which sets the prevailing wage requirements for workers employed under federally funded or assisted contracts for the construction, alteration,...more

Buy American Executive Order Means Renewed Obligations for Government Contractors

by Bass, Berry & Sims PLC on

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer...more

Understanding Government Contract Terminations

by PilieroMazza PLLC on

It is important for prime contractors to understand what it means if its contract with the Federal Government is terminated and what rights and obligations it has. Nearly every Government contract contains a clause allowing...more

Contractors Should Start Preparing for a Possible Shutdown Now

by Holland & Knight LLP on

With less than a week before the federal government’s appropriated funding runs out, confidence in avoiding a potential shutdown is waning. Because of that, contractors should exercise prudence and immediately begin...more

Nuevas oportunidades de P3 para tecnología de gobiernos

Si bien las colaboraciones público-privadas (public-private partnerships, P3) se asocian con frecuencia a una infraestructura física, las P3 son esencialmente flexibles y pueden utilizarse para una prestación rentable y...more

El secretario de vivienda, Ben Carson, pone en marcha asociación público-privada para viviendas públicas

Ayer, el condado de Miami-Dade recibió al Dr. Ben Carson, secretario del Departamento de Vivienda y Desarrollo Urbano de Estados Unidos, en la urbanización pública Liberty Square, una de las más antiguas del país. La reunión...more

Top unmanned aircraft systems developments in 2017 for ADG companies

by Hogan Lovells on

Aerospace, defense, and government services (ADG) companies are not new to game-changing technology innovations. It is therefore no surprise that a number of ADG companies are early investors in unmanned aircraft systems...more

The District of Oregon Rules That the United States May Not Pursue False Claims Act Litigation Against State Entities

by Hogan Lovells on

On April 11, 2017, the United States District Court for the District of Oregon held that the United States may not pursue False Claims Act (FCA) litigation against an arm of the State and dismissed the FCA claims in the...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. ...more

DOJ vs. OIG: Analysis of Recently Issued Federal Compliance Documents

by Polsinelli on

Within just weeks of each other, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued separate documents that health care organizations may use to...more

Latest Trump Executive Order and H-1B Visas

by Moore & Van Allen PLLC on

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

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