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The Federal False Claims Act...Liability Even When There Is No Government Reliance

In its recent opinion, United States v. Triple Canopy, Inc., Nos. 13-2190, 13-2191 (4th Cir., January 8, 2015), the Fourth Circuit emphasized that the Federal False Claims Act (FCA) is a “strong remedy,” designed to target...more

Department of Defense Updates Its Instruction for Acquisitions of Software and Weapons Systems

On January 7, 2015, the U.S. Department of Defense (“DoD” or “the Department”) released an update for DoD Instruction 5000.02, on the “Operation of the Defense Acquisition Service.” The new Instruction is designed to assist...more

New OFCCP FAQs Clarify Rules Regarding Collecting and Reporting Veterans Data

In an effort to address confusion resulting from the new VETS-4212 Form, OFCCP recently posted two new FAQs addressing issues related to collecting and reporting disclosure data. The first FAQ addresses whether contractors...more

Fourth Circuit Potentially Expands Scope of FCA Liability

On January 8, Fourth Circuit Court of Appeals, in United States ex rel. Badr v. Triple Canopy Inc., embraced a theory of implied certification under the False Claims Act (“FCA”), representing a departure from prior Fourth...more

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

Blog: OFCCP Publishes New FAQs on the Collection of Self-Identification Information for Protected Veterans

On January 20, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) published two Frequently Asked Questions (“FAQs”) addressing what self-identification information contractors are required to solicit from...more

Electronic waste rules could help thwart flow of counterfeit parts

As highlighted in a report by the U.S. Senate Armed Services Committee, a flood of counterfeit electronic parts from China threatens the reliability of sophisticated defense technologies from thermal weapon sights to advanced...more

Legal Minute: Cybersecurity Reporting Requirements for Government Contractors [Video]

Government Contracts Partner Mary Beth Bosco explains the new cyber breach reporting requirements for defense contractors based on the recent passage of the National Defense Authorization Act for Fiscal Year 2015. The NDAA...more

Court of Federal Claims Determines That Government Contractor May Recover for Losses Attributable to Omissions and Inaccuracies in...

Philadelphia Auth. for Indus. Dev. v. United States, 114 Fed. Cl. 519 (2014) - In this action, the United States Court of Federal Claims denied the Government’s motions to dismiss and for summary judgment, holding that...more

Rhode Island Supreme Court Bars Second Arbitration Based On The Doctrine Of Res Judicata

An architectural firm contracted to provide architectural, engineering and design services for a state veterans home for a “not to exceed fee” of $61,500, which was calculated as a percentage of overall expected construction...more

Don’t Tell the Government “It Wasn’t Me”: ASBCA Holds Contract Void Ab Initio for Fraud

In the Appeal of Vertex Construction & Engineering, ASBCA No. 58988, decided last month, the Armed Services Board of Contract Appeals (“ASBCA”) exercised a “harsh” remedy in declaring Appellant’s contract void ab initio...more

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

Defence Reform Act 2014 And Associated Regulations: A New Framework for Single Source Procurement

The Defence Reform Act 2014 (the Act) received Royal Assent on 14 May 2014. Part 2 of the Act creates a new statutory framework for single-source contracts, to be called the Single Source Contract Regulations (the...more

SEC Brings Its Sixth Insider Trading Action As An Administrative Proceeding Since September

The SEC is clearly bringing more cases as administrative proceedings. To be sure, many of its “broken windows” actions are brought in that forum. At the same time, it is brining other cases which are traditionally brought as...more

Construction Opportunities for American Prime Contractors in Israel

My partner, Ed DeLisle, and I recently attended two Industry Days sponsored by the Army Corps of Engineers (“USACE”). The first one was held in New York City on October 20th, and the second one was held in Tel Aviv on...more

OFCCP Self-ID and Equal Pay Tool Updates

Effective October 27, 2014, a new reporting form for veterans, the VETS 4212 Form, will replace the VETS-100A and VETS-100 Forms. The VETS 4212, which covered federal contractors and subcontractors will need to start using in...more

Gasp! VETS-4212 Final Rule Offers More Rules With Less Burden for Government Contractors

On September 25, 2014, the Department of Labor's Veterans' Employment and Training Service (VETS) agency published a Final Rule revising the reporting requirements under the Vietnam Era Veterans' Readjustment Assistance Act...more

Final VETS Rule Simplifies Contractor Reporting Requirements

Last month, the Department of Labor’s Veterans’ Employment and Training Service (VETS) issued final rules for annual reporting by federal contractors of veterans in their workforces. The new rule, which takes effect August 1,...more

DOL Issues Final Rule Revising Federal Contractors’ Reporting of Veteran-Related Employment and Hiring Statistics

The U.S. Department of Labor’s Veterans’ Employment and Training Service recently issued a Final Rule that revises reporting obligations to include aggregated veteran-related employment and hiring statistics, but excludes...more

New Regulations Simplify Reporting Requirements for Federal Contractors . . . Really, They Do!

If you do business with the federal government, chances are that you're feeling weighed down by the various new requirements placed on you over the past year. We’ve discussed these requirements in past posts below. That's why...more

Blog: OFCCP Releases New Scheduling Letter and Itemized Listing

More than three years after the Office of Federal Contract Compliance Programs (“OFCCP”) sought approval for a new Scheduling Letter and Itemized Listing, OFCCP published a notice in the Federal Register on September 30, 2014...more

DynCorp Targeted with $150 Million Fraud Claim for Northrop Subcontract

Two employees have filed a lawsuit against DynCorp International Inc., a private military contractor that specializes in aviation facilities, training and equipment. According to the complaint, the employees allege that the...more

OMB Finally Approves New Scheduling Letter And Itemized Listing

Three years after submitting its proposed revisions to the Office of Management and Budget, the Office of Federal Contract Compliance Programs announced yesterday that it has finally received approval for its revised...more

VETS Publishes Final Rule on VEVRAA Reporting Requirements

The Department of Labor's Veterans' Employment and Training Service (VETS) has issued its final rule implementing the reporting requirements under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). As...more

Ch Ch Ch Ch Changes: New VETS-4212 Report Means More Changes for Federal Contractors

Ch-ch-ch-ch-changes. David Bowie’s familiar refrain has become the motto of federal contractors everywhere as they struggle to keep pace with the numerous regulatory changes and enforcement initiatives currently being...more

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