General Business Government Contracting

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Website Accessibility Epidemic Reaches Arizona

It was only a matter of time until the flood of litigation over the accessibility of websites to persons with disabilities reached Arizona. Recently it did when an Arizona man and his attorney filed lawsuits against four...more

Will “Making America Great Again” Mean Increased Enforcement of the Buy American Act? What Government Contractors Can Do Right...

Over the course of the presidential campaign, President Trump indicated a willingness to punish companies that source labor or manufacture products abroad, particularly from China and Mexico. With promises of a $1-trillion...more

Final FAR Rule: Employees’ Freedom to Report Fraud

There has been a debate for years about whether employers can, by agreement, prohibit their employees from “blowing the whistle” on them. The prudent view was this could be viewed by the courts as a violation of public...more

Weekly Update Newsletter - January 2017 #3

GOVERNMENT CONTRACTS - Recognition of Tribal Organizations for Representation of VA Claimants - The Department of Veterans Affairs (“VA”) is amending its regulations concerning recognition of certain national,...more

EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements

Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect. The Rule prohibits the government from contracting with companies that...more

Weekly Update Newsletter - January 2017 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 - This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense...more

Top Legal Issues Facing the Automotive Industry in 2017

Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about: - Managing warranty, recall, and...more

Government Contracts Legislative and Regulatory Update - January 2017

Our January edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of December....more

2016 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2016. The...more

Review of the Significant Canadian Federal Government Contracting Cases in 2016

All procurements in Canada are, at common law, founded on the principles articulated in the Supreme Court of Canada decision in The Queen (Ontario) v Ron Engineering. Ron Engineering introduced the concepts of “Contract A”...more

Federal Contractors Might Be in for a Wild Ride in 2017

President Obama has signed multiple executive orders impacting federal contractors throughout his administration, and 2016 has been a particularly active year for the Office of Federal Contract Compliance Programs (OFCCP). In...more

Pay Transparency and Paid Sick Leave Obligations May Apply to 2017 Federal Contracts

Contractors and subcontractors that enter into or renew federal contracts after January 1, 2017 should be mindful of requirements to provide detailed wage statements and paid sick leave to covered workers....more

Proposed New Jersey Law Takes Aim at Mandatory Arbitration

Assembly Bill A-3064, which the New Jersey Assembly passed on October 20, 2016, will come up for consideration in the Senate this year. If the Senate passes and the Governor signs A-3064, no company that wants to do business...more

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government...more

Weekly Update Newsletter - December 2016 #5

GOVERNMENT CONTRACTS - Submission for Office of Management and Budget Review; Payment of Subcontractors - On January 20, 2016, the Department of Defense, Government Accountability Office, and National Aeronautic and...more

Weekly Update Newsletter - December 2016 #4

GOVERNMENT CONTRACTS - Payment of Subcontractors - The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (‘NASA”), have issued a final rule...more

Reversal of Fortune: AB 219 is Back!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export...

Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is ap???????, transliterated to apokálypsi, or “apocalypse.”...more

Government Contractor Defense Applies to Commercial Product Supplier

A California appellate court recently affirmed a decision granting summary judgment in favor of an asbestos supplier under the government contractor defense. Kase v. Metaclad Insulation Corp., 2016 Cal. App. LEXIS 1025 (Cal....more

Contracting with the State: State entities setting aside their own decisions

Organs of state are required to comply with a plethora of legislation and policies, specifically relating to procurement and financial management, before entering into contracts. It is not uncommon for organs of state to not...more

Mentor-Protégé Joint Venturing: Friend or Foe?

With the arrival of the All Small Mentor-Protégé Program, the question of how to structure teaming relationships has come to the forefront of many contractors’ minds. This is especially true because companies in approved...more

Organizational Conflicts of Interest and Post Government Employment Restrictions

Contractors are subject to a number of contract provisions, statutes, and regulations concerning ethics and conflicts of interest. A significant area of concern involves potential or actual organizational conflicts of...more

Government Contracts Legislative and Regulatory Update - December 2016

We are pleased to bring you the December edition of “Government Contracts Legislative and Regulatory Update,” a summary of the relevant changes that took place during the month of November. Highlights this month include...more

Weekly Update Newsletter - December 2016 #2

GOVERNMENT CONTRACTS - Set-Asides under Multiple-Award Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to...more

Eighth Circuit Dismisses Interlocutory FCA Appeal for Lack of Jurisdiction

In this April 2016 decision, the Eighth Circuit held that it lacked jurisdiction to consider the appeal of a two-state agency seeking review of a denial of its motion for summary judgment. Below the two-state agency had...more

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