Government Contracting

What's Next for Teaming Agreements After Cyberlock?

by Andrew Mishkin, Robert Prentice | Duane Morris LLP on 5/22/2013

A recent federal District Court decision holding a teaming agreement between two contractors unenforceable under Virginia law raises questions about the usefulness of these commonly employed agreements—and not just in...more

Client Alert: GSA Seeks Industry Comments on How Best to Incorporate Cybersecurity into Federal Procurement

by Mary Beth Bosco | Patton Boggs LLP on 5/22/2013

President Obama’s February 12, 2013 Executive Order (“EO”) titled, “Improving Critical Infrastructure Cybersecurity,” defined the framework for improving the security of computer networks based on the designation of 16 areas...more

CIS Legal Update - May 2013: Changes to the Procedure for the Public Procurement of Food and Pharmaceuticals

by Elizaveta Molosnova | Dechert LLP on 5/22/2013

The Russian Public Procurement Law has brought forth new changes to the procedure for public procurement that affect general provisions and set up special rules that apply to the supply of pharmaceuticals and foods to...more

OFCCP Requiring Contractors to Use Latest Census Data for AAPs

by Leslie Selig Byrd, Judy K. Jetelina | Bracewell & Giuliani LLP on 5/22/2013

On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will be required to use the 2006-2010 EEO Tabulation, released by the...more

CMS Prevails in DSH Challenge Involving Waiver-Expansion Days

by Thomas W. Coons | Ober|Kaler on 5/22/2013

Over the years, CMS and its contractors have wrestled with how days approved under a Medicaid demonstration project should be counted, if at all, for purposes of the Medicare disproportionate share hospital (DSH) calculation....more

Update on P3 Legislation

by Sean Sullivan | Fowler White Boggs P.A. on 5/22/2013

This past March I wrote about pending legislation to broaden the use of Public Private Partnerships in the State of Florida. Although waiting until the last day of the legislative session, the Florida House of Representatives...more

DOD's Proposed Counterfeit Parts Regulations for Contractors Provide Some Answers, But More Questions

by Frank Murray Jr. | Foley & Lardner LLP on 5/21/2013

Coming not long after the issuance of its new internal policy guidance on counterfeit materiel, the U.S. Department of Defense (DOD) published on May 16, 2013 its first set of proposed regulations that would impose specific...more

Government RFI on New Cybersecurity Measures for Federal Contracts

by Connie Bertram | Proskauer - Government Contractor Compliance... on 5/21/2013

Last week, the General Services Administration (“GSA”) issued a Request for Information (“RFI”) soliciting comments from federal contractors on the feasibility of incorporating cybersecurity standards into federal...more

NLRB Posting Still Required for Federal Contractors

by Thompson Coburn LLP on 5/21/2013

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

New Legislation Facilitates Public-Private Partnerships

by Albert E. Dotson, Jr., Eric Singer | Bilzin Sumberg Baena Price & Axelrod LLP on 5/21/2013

Earlier this month, the Florida legislature passed House Bill 85, which establishes statewide authorization and procedures for public-private partnerships....more

OFCCP Seeks Extension for NLRB Poster Directive

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/21/2013

The Department of Labor (DOL) has submitted an information collection request to the Office of Management and Budget (OMB) to extend its authority to enforce Executive Order 13496, which requires federal contractors to post...more

OIG Releases Updated Provider Self-Disclosure Protocol

by John T. Bentivoglio, Jennifer L. Bragg, Maya Florence, Michael K. Loucks, Gregory M. Luce | Skadden, Arps, Slate, Meagher & Flom LLP on 5/21/2013

On April 17, 2013, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services released an updated Provider Self-Disclosure Protocol (SDP). As self-described, OIG updated the SDP to...more

Contribution Between Insurance Carriers And The Duty To Defend

by Peter Bauman - Senior Associate at Tharpe &... on 5/21/2013

In St. Paul Mercury Insurance v. Mountain West Farm Bureau, 210 Cal. App. 4th 645 (10/25/12), the California Court of Appeal addressed the duty of an insurance carrier to defend a general contractor named as an additional...more

Southern District Of New York Judge Dismisses False Claims Counts, Allows FIRREA Claims To Proceed In Major Mortgage Fraud Case

by BuckleySandler LLP on 5/20/2013

On May 8, the U.S. District Court for the Southern District of New York dismissed claims for damages and civil penalties under the False Claims Act (FCA) brought by the federal government against a mortgage lender alleged to...more

Research Confirms OFCCP Compensation Settlements and Conciliations on the Rise

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/20/2013

Research published by the Center for Corporate Equality (CCE), a Washington, D.C. research organization, reveals that the number of OFCCP audits resulting in a conciliation agreement has risen sharply under the Obama...more

PEMEX Files Suit to Recover $160 Million in Bribery Case

by Marta Colomar, Carlos Gonzalez | Michael Diaz Jr. - Diaz Reus International... on 5/20/2013

Mexican state oil company Pemex has filed a lawsuit in New York seeking to recover nearly $160 million from Germany's Siemens and South Korea's SK Engineering & Construction Co. Ltd. in a global bribery case, a law firm...more

TxDOT Achieves Commercial Close on the $845 Million I-35E Managed Lanes Project

by Edmund Caplicki | Nossaman LLP on 5/20/2013

On May 17, 2013, the Texas Department of Transportation and AGL Constructors reached commercial close on the design-build and capital maintenance agreements for the I-35E Managed Lanes Project. AGL Constructors is a joint...more

Recent Insurance Coverage Decisions Of Note In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/20/2013

California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012: St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12) In an equitable contribution action, an...more

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