Military Government Contracting

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Navy Bribery Scandals Highlight the Importance of Enforcing a Code of Conduct

There are a wide range of business opportunities available for supplying, equipping and servicing the U.S. Navy's more than 323,000 active personnel, 290 ships and over 3,700 aircraft around the world. Unfortunately, this...more

Supreme Court to Take Up Kellogg Brown & Root Whistleblower Case

It’s impossible to understate the importance of strict adherence to procedure when initiating a qui tam action under the False Claims Act. Unfortunately under our legal system, otherwise meritorious claims can often be...more

California Lawyer 2014 Roundtable Series: False Claims

When the U.S. government is at war, which arguably has been the case since 2002, the Wartime Suspension of Limitations Act kicks in. It was first passed in 1942 and allows the statute of limitations to be tolled until the fog...more

Employee Stock Ownership Plans: More Confusion for Veteran-Owned Small Businesses

My house, my rules. That was the approach seemingly taken by the Department of Veterans Affairs (“VA”) when it crafted the regulations governing eligibility of Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses...more

Task Order Protests: The Trek Toward Clarity On The Court of Federal Claims’ Jurisdiction

The United States Court of Federal Claims’ July 18, 2014 decision in Orbis Sibro, Inc. v. United States, represents one of the few straightforward decisions by the court in recent months relating to the court’s subject matter...more

From D-Day to Afghanistan: Honoring Our Veterans by Reemploying Them

Seventy years ago, on June 6, 1944, the Allies’ liberation of Europe began with D-Day. Anyone who has had the privilege to travel to Saint-Laurent-sur-Mer in France and walk Omaha Beach and the surrounding area is struck by...more

OFCCP Updates Its Frequently Asked Questions Regarding the Section 503 and VEVRAA Regulations

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued regulations that became effective on March 24, 2014 governing affirmative action requirements for disabled individuals and protected...more

Federal Circuit Permits the Department of Veterans Affairs to Ignore the Rule of 2 for FSS Orders

A recent Federal Circuit decision could have substantial implications on whether the Department of Veterans Affairs (“VA”) choses to set aside work for veteran-owned small businesses (“VOSBs”) and service-disabled,...more

House And Senate Pass FY 2015 NDAA Legislation With Conflicting Biofuels Provisions

Last week, the U.S. House of Representatives and the U.S. Senate Committee on Armed Services passed versions of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 that included starkly different...more

US Appeals Court Lights A Match On Issue Of Government Reimbursement For WWII Aviation Gasoline Waste Disposal

Two weeks ago the United States Court of Appeals, Federal Circuit re-opened the door to recovery of Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") cleanup costs under contractual provisions...more

Gaps in New DOD Counterfeit Parts Rules Raise Compliance Questions for Contractors

The U.S. Department of Defense (DOD) published, on May 6, 2014, its first set of final regulations imposing specific obligations on defense contractors and their suppliers for the detection and avoidance of counterfeit...more

Qui tam relators target – and gain access to – internal investigation on ground that attorney-client privilege does not apply

In Brief - A federal district court recently held that documents relating to a government contractor’s internal compliance investigations regarding fraud were not protected by the attorney-client privilege because...more

OFCCP’s Final Rules for Veterans and Disabled Become Effective

On March 24, 2014, the Office of Federal Contract Compliance Programs’ (“OFCCP’s”) final rules for individuals with disabilities under Section 503 of the Rehabilitation Act and for veterans under the Vietnam Era Veterans’...more

Government Contractors Face Expanded Affirmative Action Requirements

As its landmark initiative, the Obama Administration’s Office of Federal Contract Compliance Programs (“OFCCP”) issued expansive new regulations requiring government contractors to undertake greater efforts to employ...more

New OFCCP Rules Establish Hiring Benchmarks and Goals for Veterans and Qualified Individuals with Disabilities

Effective March 24, 2014 federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act of 1973 (“Rehabilitation Act”) or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”) must...more

VETS Issues Proposed Regulations Revising VEVRAA Reporting Requirements

The Veterans Employment and Training Service (VETS) has published a Notice of Proposed Rulemaking (NPRM) in which the agency proposes revising the regulations addressing reporting requirements under the Vietnam Era Veterans'...more

Employment Law Commentary -- Volume 26, Issue 2, February 2014 - Some Thoughts on the New OFCCP Data Collection Regulations for...

If You Have to Ask . . . Most of us understand that employers should not ask for personal information from employees (or applicants for employment) if that information would be illegal to use in making employment...more

Federal Contractors: Overhauled OFCCP Regulations On Employment Obligations To Veterans And Individuals With Disabilities

Starting March 24, 2014, the Office of Federal Contract Compliance Programs (OFCCP) will begin enforcing two regulations that amend the obligations of federal contractors to employees and applicants who are protected veterans...more

SIGAR Issues Quarterly Report to Congress

On January 30, 2014, the Special Inspector General for Afghanistan Reconstruction (SIGAR) issued its quarterly report to Congress regarding its oversight work and the status of obligations and programs relating to the...more

DOL Proposes Rule Requiring Contractors to Report Aggregate Veterans Information

The Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) on Friday which would change reporting requirements for federal contractors under the Vietnam Era Veterans’ Readjustment Assistance Act...more

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules. The FAQs address...more

Trade Group Seeks Greater Legal Protections For Contractors Operating In War Zones

Earlier last week, the Professional Services Council filed an amicus brief in the United States Supreme Court in support of a writ of certiorari of a Third Circuit decision regarding contractor immunity in war zones. The case...more

Defence Procurement Changes in Canada Announced

Despite the unusually well-frozen environs of Ottawa this winter, Canada's defence procurement machinery has been extremely active recently and there are several important developments to report....more

OFCCP Revised VEVRAA and 503 Regulations: Part I - Compliance Timeline, Narrative Obligations and Outreach Requirements

In this Presentation: - Part I-Compliance Timeline, Narrative Obligations and Outreach Requirements - Subpart A - Preliminary Matters - Subpart A - EO clause changes - Subpart C - Major...more

March 24th is Approaching: Complying With the New OFCCP Regulations

Last year, the Office of Federal Contract Compliance Programs (“OFCCP”) issued new regulations implementing Section 503 of the Rehabilitation Act, as amended (“Section 503”), and the Vietnam Era Veterans’ Readjustment...more

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