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Is Your Company a Federal Government Contractor?

Many automotive suppliers do not consider themselves federal government contractors because they only sell goods and services to the major OEMs and not directly to the federal government. However, purchase orders with OEMs or...more

U.S. District Court in Pennsylvania Holds Subcontractor’s Miller Act Suit Not Subject to Stay Pending Prime Contractor’s...

Marenalley Constr., LLC v. Zurich American Ins. Co. and Nason Constr. Inc., 2015 U.S. Dist. LEXIS 30968 (E.D. Pa. March 13, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction project...more

DHS Breaks New Ground With Issuance of SAFETY Act Certifications for Advanced Cybersecurity Defense Systems

FireEye’s MVX and DTI Technologies become the first cybersecurity products to earn certification as “Qualified Anti-Terrorism Technologies.” The Department of Homeland Security (DHS) crossed an important barrier in...more

Federal Contractors Should Keep Focus on Compliance for Hiring Veterans

While recent United States Department of Labor figures show the unemployment rate of veterans is trending below the national unemployment average, unemployment of younger veterans who have served since 9/11 still exceeds the...more

Federal District Court in Nevada Denies Contractor’s Motion to Stay Subcontractor’s Miller Act Suit Pending Resolution of...

KBW Assocs. v. Jaynes Corp., 2015 U.S. Dist. LEXIS 18220 (D. Nev. Feb. 13, 2015). This action arose out of the construction of additions to existing buildings at Creech Air Force Base in Indian Springs, Nevada (the...more

Weekly Update Newsletter - May 2015 #2

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Final Rule to Amend FAR: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities - The Department of Defense (DoD), General Services...more

GAO Upholds Agency Prohibition of Having Bid Prep Consultants Prepare Proposal

Are bid preparation consultants good or bad for the competitive procurement system? Contractors have argued about this for years. GAO recently upheld a solicitation provision forbidding the use of consultants to...more

CFPB Tackles Payment Processor for Charging Servicemembers Hidden Fees, Orders Over $3 Million in Consumer Relief

On April 20, the CFPB announced an enforcement action against a Kentucky-based third-party processor of military allotments and its subsidiary – together “Respondents” – for allegedly charging servicemembers millions of...more

Blog: OFCCP Revises the VEVRAA Hiring Benchmark

The Office of Federal Contract Compliance Programs (the “OFCCP”) recently reduced the VEVRAA hiring benchmark for protected veterans from 7.2% to 7.0%. The hiring benchmark is intended to reflect the percentage of veterans in...more

Boeing Kickback Case Underscores Critical Importance of Compliance Programs - Government Contractors Must Be Proactive in...

In the words of F. Scott Fitzgerald, "Show me a hero and I'll write you a tragedy." When the hero of the day is a company's compliance program, it's almost a surefire bet that that a tragedy is being written. But at the same...more

Weekly Update Newsletter - April 2015 #4

GOVERNMENT CONTRACTS - DoD Published Competition Report for 2nd Quarter of FY 2015 - The Department of Defense (DoD) issued the Competition Report for the 2nd quarter for fiscal year 2015. The report identifies...more

OFCCP Drops the Annual Veterans Hiring Benchmark to 7 Percent

On April 21, 2015, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database on its website. The VEVRAA...more

Confidentiality Agreements of Federal Contractor Employees – Changes To The Federal Acquisition Regulations Are Coming Soon

Confidentiality agreements for employees of federal contractors are increasingly coming under scrutiny by federal agencies. In late 2014, as part of the Consolidated and Further Continuing Appropriations Act (the “Act”),...more

Third Circuit Holds Subcontractor To Its Proposal On Grounds of Promissory Estoppel

DCK TTEC, LLC v. Postel Industries, Inc., 2015 U.S. App. LEXIS 2775 (3d Cir. Feb. 25, 2015) - This action arose out of the construction of two maintenance hangars at the Marine Corps Air Station in Yuma, Arizona (the...more

Overview of the Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act of 2003 (SCRA) protects members of the Army, Navy, Air Force, Marine Corps, and Coast Guard whose financial obligations and ability to participate in civil proceedings are materially...more

Revision of UK Military List of Controlled Items

The list of military goods, software and technology that are subject to export controls has been revised on 24 March 2015. The changes have been made through the Export Control (Amendment) Order 2015 which replaces Schedule 2...more

Court of Federal Claims Holds that Contractor’s Defense of Defective Specifications Is Not an Independent Claim Requiring...

Total Eng’g, Inc. v. United States, 2015 U.S. Claims LEXIS 30 (Fed. Cl. Jan. 26, 2015) - The United States Army Corps of Engineers (the “Government”) awarded a contract to Total Engineering, Inc. (“Total”) for preliminary...more

A New Cyber World Framework to Strengthen Agency Information Security

Manufacturers, defense suppliers and other federal contractors may benefit from a new cybersecurity law intended to safeguard agency information and help bolster defenses to future cyber threats. The Federal Information...more

Weekly Update Newsletter - March 2015 #3

GOVERNMENT CONTRACTS - The Under Secretary of Defense Issues Memorandum Regarding the Appropriate Use of LPTA Source Selection Process and Associated Contract Type - The Under Secretary of Defense for...more

Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more

U.S. Implements Targeted Sanctions on Venezuela

On March 9, 2015, following failed diplomatic efforts to bring Venezuela in line with its human rights commitments under international law, President Obama issued an Executive Order (E.O.) declaring Venezuela a national...more

Out of the Frying Pan, Into the Fire – GSA Proposes to Reduce Price Reductions Clause Burdens, While Substantially Increasing...

In what is arguably its most significant proposed regulatory change affecting commercial item contracting in decades, the General Services Administration (“GSA”) earlier this week proposed amendments to the General Services...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

The 4th Circuit Expands Liability Under the False Claims Act

On January 8, 2015 the U.S. Court of Appeals for the Fourth Circuit issued a decision in United States v. Triple Canopy, which broadened the reach of the False Claims Act (FCA) by embracing the theory of implied...more

EU sanctions against Russia: New targets and state of play

On 9 February 2015, the EU Foreign Affairs Council imposed new sanctions - asset freezes and travel bans - against 19 Russian and Ukrainian individuals and 9 entities that have been added to the 'black list' of sanctioned...more

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