Government Contracting Updates

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FAR Council and DOL Issue Final Rule Implementing Fair Pay & Safe Workplaces Executive Order

The Federal Acquisition Regulatory Council and the Department of Labor published a final rule, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting” Executive Order), on August 24,...more

IRS Loosens Restrictions on Safe Harbors for Management Contracts for Bond-Financed Property

The Internal Revenue Service, in Revenue Procedure 2016-44, has loosened the restrictions on safe harbors for management contracts entered into by governmental issuers of tax-exempt bonds in connection with facilities...more

DOL Issues Guidance on the Fair Pay and Safe Workplaces Executive Order

On August 24, 2016, the Department of Labor (DOL) issued guidance on Executive Order 13673, Fair Pay and Safe Workplaces. The Executive Order requires federal contractors and subcontractors to report violations of 14 federal...more

BOEM advances California offshore wind leasing

U.S. ocean energy managers are moving closer to leasing sites in federal waters offshore California for wind energy development. Acting in response to a lease area requested by Trident Winds, LLC, this month the Bureau of...more

A Tale of Two Escobars: Federal Courts Begin Grappling with Opposing Views of “Materiality”

On June 16, 2016, the U.S. Supreme Court issued a highly anticipated opinion in Universal Health Services, Inc. v. U.S. ex rel. Escobar, which for the first time expressly recognized implied certification as a viable theory...more

Whistleblower’s Claim Survives Dismissal and Death

The Energizer Bunny has nothing on the whistleblower claim of Robert Cunningham. Here’s what’s happened since Robert files his qui tam action against Millennium Labs back in 2009: the government declined to intervene; seven...more

SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly...more

New IRS Management Guidance is Flexible, Furthers P3s

State and local governments and 501(c)(3) organizations have been given very flexible guidance by the IRS for longer-term private management of tax-exempt bond financed projects to facilitate general operations and major...more

The SBA’s Two New Recertification Rules

The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The regulations, published in...more

Final Rule and Guidance on Fair Pay & Safe Workplaces Released

Today the Federal Acquisition Regulatory Council published its Final Rule and the U.S. Department of Labor issued its Final Guidance to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The new...more

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect...

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor ...more

Massachusetts Legislation Spurs Offshore Wind Power Development

On August 8, 2016, Massachusetts Governor Charlie Baker signed into law a major energy bill aimed at putting Massachusetts at the forefront of states developing offshore wind power. The law, An Act Relative to Energy...more

Health Update - August 2016

Section 1332 Waivers: Will We See More State Innovation? - Editor's Note: In a new essay for the National Institute of Health Care Management (NIHCM), summarized below, Manatt Health examines Section 1332 waivers and the...more

Trion Farmout

On July 28, 2016, the Mexican National Hydrocarbons Commission ("CNH") published a call for tenders and the corresponding bid guidelines (the "Bid Guidelines") for the International Public Tender CNH-A1-Trion/2016 process, to...more

DOL and FAR Council Publish Final ‘Fair Pay and Safe Workplaces’ Rules for Government Contractors

The U.S. Department of Labor and the Federal Acquisition Regulatory (“FAR”) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama’s “Fair Pay and Safe Workplaces”...more

Agencies Release Final Rule on “Fair Pay and Safe Workplaces” Executive Order

On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive...more

Federal Contractors Must Comply with New Rules on Sex Bias

Contractors should be careful not to implement any policies or practices that may have a disparate, adverse impact on one sex unless they are job-related and consistent with business necessity. Originally published in...more

Final Rule Issued Implementing Fair Pay and Safe Workplaces Executive Order

The Department of Defense, General Services Administration and National Aeronautics and Space Administration (the FAR Council) have issued for publication in today’s Federal Register, a final rule amending the Federal...more

AGG Litigation Insights Newsletter - Summer 2016

Even for companies accustomed to civil lawsuits, when the government is on the other side of the “v,” the prospect of litigation can be intimidating and unfamiliar. In this issue of the Litigation Newsletter, we explore how...more

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

The Law Doesn’t Forbid Submitting False Claims

An Eighth Circuit decision provides a reminder that the False Claims Act doesn’t forbid submitting false claims: it forbids knowingly submitting false claims. That made all the difference in an appeal of summary judgment in...more

Private sector opportunities in the UAE water industry

Independent water projects on the increase in the UAE – new opportunities for developers and lenders. Demand for water in the United Arab Emirates (UAE) continues to increase year-on-year with growth in population and...more

The Public-Private Partnership as a New Tool for Infrastructure Development in Argentina

The Federal Executive Branch (known by the Spanish acronym, PEN) of the Argentine government recently submitted to the Argentine Congress a bill seeking approval of a new Public-Private Partnership (PPP) framework. This...more

Five Recent Developments In Small Business Contracting Small and Large Government Contractors Should Know

While acquisition reform has garnered a great deal of attention in Congress and the Federal Executive Branch, small business contracting statutes and implementing regulations are significantly altering the federal acquisition...more

California Ballot 2016: Pros and Cons of Props 51-56

Californians must decide on 17 initiatives in the November election this year, and those are just the proposed measures of state-wide concern. Never mind the many local initiatives affecting counties and neighborhoods. The...more

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