Government Contracting Updates

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60 Day Rule

The Patient Protection and Affordable Care Act of 2010 (“ACA”) requires a provider of services, supplier, Medicaid Managed Care Organization, Medicare Advantage Organization, or Prescription Drug Plan Sponsor receiving an...more

OFCCP proposes updated regulations on discrimination on the basis of sex

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently announced proposed regulations updating its current regulations for federal government contractors and subcontractors regarding...more

New Anti-Trafficking Rule Presents Significant Challenges for Government Contractors

Effective today, a new Anti-Trafficking rule will substantially change and increase federal contractors’ compliance and certification requirements. ...more

No Stone Undisclosed: City of Vancouver and Developer Appeal New Public Disclosure Standards for Development Projects

The City of Vancouver and Brenhill Developments Ltd. have appealed the January 27, 2014 decision of the BC Supreme Court in Community Association of New Yaletown v Vancouver (City), 2015 BCSC 117 (the Brenhill/New Yaletown...more

STOP, THIEF! - How to Keep Your “Secret Sauce” In-House, When an Employee Is Lured to Greener Pastures

No matter how collegial and successful a workplace you have created for your employees, attrition is an inevitable fact of life in business, and in government contracting in particular. ...more

Construction Case Law Update - March 2015

Racial discrimination; City Contracting Ordinances; Federal Affirmative Action Compliance in Contracting – Plaintiff-contractor sued the City of Jacksonville, alleging racial discrimination against him and other...more

News from the Health Law Gurus™:

Reporting Deadline for HIPAA Breaches – March 1, 2015 – Did you have a HIPAA breach this year involving less than 500 individuals? If so, the deadline to report such a breach to the U.S. Department of Health and Human...more

Weekly Update Newsletter - January 2015 #4

GOVERNMENT CONTRACTS - SBA Considering Extending Comment Period for Proposed Rule on the Limitations on Subcontracting - Although not yet official, we anticipate that SBA will grant an extension until April 6th...more

Bribery and Compliance in India: Know the Challenge and Prepare for It

Today I welcome Sherbir Panag, for another post in my series of country discussions, where we will address Bribery and Anti-Bribery Compliance in India. As a forward, this was an interesting engagement, as it provided me...more

Calling All Government Contractors: Upcoming New Jersey Political Contribution Disclosure Form

For government contractors, the start of a new year brings with it a host of filing requirements in many states along the Northeast Corridor. Although some states (such as New York and Connecticut) do not impose annual or...more

Calling All Government Contractors: Upcoming Pennsylvania Political Contribution Disclosure Form

For government contractors, the start of a new year brings with it a host of filing requirements in many states along the Northeast Corridor. Although some states (such as New York and Connecticut) do not impose annual or...more

Pay-to-Play Lessons from New Jersey’s State Investment Council Rules

New Jersey is often thought of as the “pay-to-play” state – primarily because we have five separate statewide pay-to-play prohibition laws in effect (covering state procurement, county procurement, local procurement, state...more

Calling All Government Contractors: Upcoming Maryland Political Contribution Disclosure Form

For government contractors, the start of a new year brings with it a host of filing requirements in many states along the Northeast Corridor. Although some states (such as New York and Connecticut) do not impose annual or...more

No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board

On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more

The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

Mileage-Based User Fee Alliance Promotes Alternate Source of Transportation Funding

The Second Annual Conference of the Mileage-Based User Fee Alliance (MBUFA) was held in Washington, DC on February 24, 2015. The MBUFA is a non-profit organization that promotes awareness and education about mileage-based...more

ERISA: Sometimes A Government Employee’s Benefits Could Be Governed By ERISA?

You already know that employee benefit plans established by governmental entities are exempt from ERISA. But ERISA might apply if the employee benefit for the government employee is established through an association....more

Medicare RAC Program Improvements Delayed Until 2016 - Shorts on Long Term Care February 2015

The Centers for Medicare and Medicaid Services (CMS) had planned to award new contracts to companies that act as Medicare’s recovery audit contractors (now referred to as recovery auditors) (RAs) for operation of the Medicare...more

Putting a Stop to Human Trafficking

Consistent with the US Government’s zero tolerance policy concerning human trafficking, a cadre of government agencies recently published a final rule amending the current Federal Acquisition Regulations provisions on human...more

President Obama Issues Executive Order Urging Companies to Share Cybersecurity Threat Data

Speaking at the White House’s Summit on Cybersecurity and Consumer Protection at Stanford University this month, President Obama announced that an Executive Order was signed on February 13, urging private sector companies to...more

Final Anti-Trafficking Rule to Impose New – and Uncertain – Obligations on Contractors

In late January, the FAR Council issued its long-awaited final rule amending the FAR to strengthen the U.S. Government’s policy against human trafficking. As discussed below, the amendments may have far-reaching compliance...more

Tampa Council Says No to “Ban the Box” Law for City Contractors, Seeks Alternative Legislation

Last Thursday, Tampa’s City Council declined to pass a law that would have “banned the box” for city contractors. “Ban the box” refers to a movement at the state and local levels of government to remove the check box from job...more

The Fourth Circuit Strengthens the FCA’s Implied Certification Theory in Triple Canopy

Under the “implied certification” theory of liability, a government contractor can violate the False Claims Act (“FCA”) by submitting a mere invoice for payment. The theory is that the invoice’s submission impliedly...more

These Doctors Work Hard – Over 24 Hours a Day

Sir Arthur Conan Doyle might have called it “The Case of the Doctors Who Work More than 24 Hours a Day.” Unfortunately for the physician group in question, Sir Arthur wasn’t the author; the federal court for the Northern...more

You Again?: Application of the First-to-File Bar Where Subsequent Actions Are Brought By the Same Relator

The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government. One of these, the...more

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