Federal Contractors

News & Analysis as of

GWACs and MACs - Vital Tools for Small Business - Set-Aside Alert

Government-wide acquisition contracts ("GWACs")and multiple award contracts ("MACs")have become increasingly important to contractors and agencies, and they can be invaluable vehicles for small businesses. ...more

GSA Issues Notice Concerning Trade Agreements Act and “Made in America” Compliance

On May 5, 2016—without advance warning—thousands of U.S. General Services Administration (GSA) Multiple Award Schedule (MAS) contract holders received a notice requiring them to verify—within one week—the country of origin...more

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

Weekly Update Newsletter - May 2016 #2

LABOR AND EMPLOYMENT - Overtime Final Rule - The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”)...more

"MADE IN AMERICA" : GSA Stepping Up Trade Agreements Act Compliance Enforcement

Government Contractors should be aware that the General Services Administration ("GSA") is taking a more aggressive approach to policing Contractor compliance with the Trade Agreements Act ("TAA") among GSA Schedule contract...more

Recent Decision Underscores the Importance of Keeping Detailed and Accurate Daily Logs

The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Dick Pacific Constr. Co., Ltd, serves as an important reminder to federal construction contractors that keeping consistent and detailed daily logs is...more

Obama Administration Publishes Spring Agency Rule List Highlighting Key Dates For Final Publication of Controversial Regulations

The Obama administration has released its Spring Agency Rule List. The list provides updates on the priorities of the Obama administration as it relates to pending rules and regulations. The agenda notes that the Obama...more

Construction Subcontractor Settles FCA Allegations for $2.8 Million

A recent settlement illustrates the broad reach of the FCA and the substantial liability that “mere retention” of an overpayment can impose on contractors several steps removed from a government contract. The dispute...more

10 Competitive Best Practices for Winning Government Contracts

Counsel for companies engaged in bid protests over U.S. federal government contracts often wish their clients had done things differently during the proposal preparation and evaluation process. Unfortunately, the...more

Final Blacklisting and Contractor Paid Sick Leave Rules Slated for Late Summer Publication, According to Spring Regulatory Agenda

Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the...more

A lighter touch — Final FAR rule issued on safeguarding contractor information systems

On Monday, May 16, 2016, the FAR Council is expected to issue its long- awaited final FAR rule ("the Final Rule") on safeguarding contractor information systems. This rule, effective immediately, creates a new contract...more

False Claims Act Trends: Technical Data, Software And IP

Government contracting has never been easy. But occasionally it is exciting, at least at the outset: Figuring out how to prepare the most competitive proposal and landing a significant contract are memorable achievements...more

Bid Protest Strategy: What Every Contractor Needs to Know

Overview - - Making the decision to protest and what you can expect - When, where, and why to file - Common pre- and post-award protest arguments - The strongest arguments - Defending your award...more

City wins suspension of MOL inspector’s “constructor” order

A city has won a suspension of a Ministry of Labour inspector’s decision that the city was a “constructor” under the Ontario Occupational Health and Safety Act on a watermain-improvement project....more

Federal District Court in Florida Considers Damages (Including Delay Costs and Attorneys Fees) and Defenses Available Under the...

United States ex rel Jack Daniels Construction, Inc. v. Liberty Mutual Insurance Company, 2015 U.S. Dist. LEXIS 172189 (M.D. Fla. Dec. 28, 2015) - This action arises from the construction of the Joint Intelligence...more

US Office of Financial Policy and Research Renamed

The US Board of Governors of the Federal Reserve System announced that the Office of Financial Policy and Research has been renamed as the Division of Financial Stability and designated as a division of the Federal Reserve....more

Comments on Proposed Rule Regarding Electronic Filing System and Filing Fee

Dear Mr. Kang: We are writing to submit comments on the U.S. Government Accountability Office’s (“GAO”) proposed rule, issued April 15, 2016, 81 Fed. Reg. 22,197. Our firm represents small businesses operating across...more

Final Government Contractor Basic Data Security Rule Issued

On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more

False Claims Act Penalties Will Substantially Increase under New Interim Final Rule

Action Item: Government contractors must carefully reassess their exposure under the False Claims Act due to substantial increases in civil penalties. Pursuant to the Bipartisan Budget Act of 2015 (the “Budget Act”), on...more

If it Walks Like a Duck - Construction Management at Risk Contracts a Risky Move for Cities

A growing number of Minnesota cities may be violating the competitive bidding laws by awarding construction management at risk (CM at risk) contracts for new facilities. With few exceptions, cities and other public...more

Guest Post - Implied Certification: An Eradicated Pest or Here to Stay?

Today’s guest post is courtesy of Reed Smith’s Lindsey Harteis. She’s been following the big-deal UHS v. Escobar False Claims Act that the Supreme Court could decide any day now (or could wait until the end of June), which...more

OFCCP Publishes Revised FAAP Directive

The Office of Federal Contract Compliance Programs (OFCCP) has published a revised directive regarding the use of Functional Affirmative Action Plans (FAAPs). A FAAP requires specific OFCCP approval and is a departure from...more

It’s Arrived! FAR Final Rule Addressing “Basic Safeguarding of Contractor Information Systems”

After nearly four years of planning and comments, DoD, GSA, and NASA issued a final rule today amending the Federal Acquisition Regulations (“FAR”) with a new Subpart 4-19 and a new contract clause 52.204-21 addressing the...more

Weekly Update Newsletter - May 2016

GOVERNMENT CONTRACTS - DFARS: Multiyear Contract Requirements - DOD issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act...more

OMB Approves Revised Directive Regarding Functional Affirmative Action Programs

On April 28, 2016, the U.S. Office of Management and Budget (“OMB”) approved the Depart of Labor’s revised directive regarding Functional Affirmative Action Programs (“FAAP”).  The revised directive amends the procedures for...more

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