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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

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

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

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

White House Announcement Of Awards Under Defense Production Act

On September 19, 2014, Secretary Vilsack was joined by Deputy Secretary of Energy, Dan Poneman, and Secretary of the Navy, Ray Mabus, to announce contract awards to three separate companies to produce over one million gallons...more

Major Changes to U.S. Export Laws Go into Effect October 15, 2013: Is Your Company Ready?

New rules implementing export control reforms become effective October 15, 2013. The keystone of these reform efforts is to transfer jurisdiction of less sensitive military items currently controlled under the International...more

Status of Key Aspects of Export Control Reform

On April 16, 2013, the State Department and the Commerce Department published the first set of final rules in the Federal Register to implement the Obama administration’s Export Control Reform Initiative. The State Department...more

U.S. Army Solicits Industry Feedback for $7 Billion in Upcoming Renewable Power Contracts

In support of the U.S. Army's Net Zero Initiative and in partnership with the Energy Initiative Task Force (EITF), the U.S Army Engineering and Support Center in Huntsville has invited public comment on a draft Request for...more

Military Flash Drive Producer Sued For Copyright And Patent Infringement

California based IronKey is being slapped with two lawsuits in federal court. One is for patent infringement, the other copyright infringement. Most companies that do business in the technology area are global in reach,...more

A Call to Economic Arms - Commercial and Legal Considerations in the Defence and Security Sector

In this briefing we examine the implications for business arising from the Government’s recently published Green Paper on Equipment, Support and Technology for UK Defence and Security. The Green Paper follows the...more

Your Best Defense - Defense Contractors and Leasing

This article explores key issues in leasing office and warehouse space that Defense Contractors and Government Contractors face including SCIFs, security systems, access, subcontractor workspace, assignments, subletting and...more

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