Federal Contractors

News & Analysis as of

“March-in” Rights – The (Paper) Damoclean Sword of Federal Procurement Patent Law

Given the recent PilieroMazza webinar on Data Rights in federal contracting, we have had a number of clients raise concerns or questions about the government’s “march-in” rights under the Bayh-Dole Act, which controls certain...more

Defense Department Issues Interim Rule Requiring Contractor and Subcontractor Reporting of Cyber Incidents

On August 26, 2015, the Department of Defense (DoD) published a long-awaited Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require “rapid” reporting of “cyber incidents” that result in...more

President Obama to Issue Executive Order Mandating Paid Sick Leave for Federal Contractors

We recently learned that President Obama plans to issue an Executive Order mandating paid sick leave for employees of federal contractors and subcontractors. This comes as no surprise as the President has utilized his power...more

Not So Far Out: OMB Memo Indicates Cybersecurity FAR Clauses Are Coming Soon

On August 11, 2015, the Office of Management and Budget (“OMB”) released a draft policy memo entitled “Improving Cybersecurity Protections in Federal Acquisitions.” The purpose of the memo is to provide federal agencies with...more

The shifting sands of cybersecurity: DOD's interim rule further burdens contractors

The Department of Defense (DOD) earlier today issued an interim rule, effective immediately, that significantly increases existing cybersecurity requirements for DOD contractors. The requirements in the interim rule, have...more

Indiana Employment Law Update: 5 Changes to Laws You Should Know

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not...more

Navy signs solar energy deal

The U.S. Department of the Navy has announced an agreement for the development of a 210 megawatt (DC) solar project to supply electricity to Navy and Marine Corps facilities in California. The Navy described the deal as the...more

DoD Addresses Cybersecurity Preparedness, Incident Reporting, and Cloud Computing Acquisitions with new DFARS interim rule

Announced and effective today, August 26, 2015, DoD has issued an interim rule that significantly expands existing DFARS provisions and clauses requiring contractors and subcontractors to report cyber incidents. The interim...more

New Regulations Will Change Business for Government Contractors

The Administration has been active in promulgating Executive Orders (E.O.) that affect the stakeholders in the Government contracting process. On July 31, 2014, the President signed Executive Order 13673, “Fair Pay and Safe...more

DOL and FAR Council Offer Guidance on Implementation of Fair Pay and Safe Workplaces

Contractors and subcontractors that do business with the federal government are subject to fair pay and equal opportunity requirements under the Office of Federal Contract Compliance Programs. In 2014, President Barack Obama...more

Big Brother is Watching: Contractors Required to Report Labor Law Violations

Reminder to all clients who are federal contractors: the federal government will now consider a prospective contractor’s past labor law compliance in determining whether or not the contractor has the requisite “satisfactory...more

Former Abu Ghraib Detainees Appeal Political Question Dismissal of Suit Against War-Zone Contractor

Iraqi citizens who claim that they were abused by civilian government contractor employees who helped the US military interrogate detainees at Abu Ghraib prison following the US invasion in 2003 are appealing a federal...more

Claims Webinar Series: Contract Terminations

In this presentation: - Termination for Convenience (“T4C’) - Termination for Default (“T4D”) - T4C vs. T4D at a glance - Brief overview of termination appeals - Q & A Please see full...more

Former SAP Exec Pleads Guilty to FCPA Violations

On August 12, 2015, Vincente Garcia (former head of Latin American sales for SAP International, Inc.) pleaded guilty in federal court in San Francisco to violations of the Foreign Corrupt Practices Act (FCPA). In addition to...more

"First Semiannual Report Under New Maryland Pay-to-Play Law Due August 31, 2015"

This month, many companies that had not previously been required to file Maryland pay-to-play reports will be required to file with the Maryland State Board of Elections for the first time. Maryland’s pay-to-play reporting...more

Weekly Update Newsletter - August 2015 #2

GOVERNMENT CONTRACTS - DOD Issues Report Entitled Defense Contracts: DOD’s Request for Information from Contractors to Assess Prices - The Department of Defense (DOD) has issued a report entitled Defense Contracts:...more

Adding a Short-Order Cook to a Crowded Kitchen: OMB Guidance Creates a Sense of Urgency for Cybersecurity in Federal Acquisitions

The Office of Management and Budget (OMB) on August 11, 2015 released proposed guidance, that takes “major steps” towards – and likely accelerates – the implementation of cybersecurity requirements in federal acquisitions....more

DC Circuit reaffirms confidentiality of internal investigation communications

For the second time in 14 months, the US Court of Appeals for the DC Circuit has taken the extraordinary step of issuing a writ of mandamus to stop a federal district court from requiring a federal government contractor to...more

Public Improvement Liens on Government-Owned Projects

While prior blog posts have discussed the basics of mechanics liens as they relate to private construction projects, this post addresses public improvement liens on property owned by the state, a subdivision or agency...more

OMB Issues Guidance on Government Contractors’ Cybersecurity Systems

The Office of Management and Budget (OMB) released a draft guidance document on Aug. 11, 2015, titled “Improving Cybersecurity Protection in Federal Acquisitions” (the “OMB Guidance”). The OMB Guidance instructs agencies on...more

Proposed Executive Order Mandates Paid Sick Leave for Employees of Federal Contractors

President Obama may soon issue an executive order mandating that employers who contract with the Federal government, and their subcontractors, provide paid sick leave to employees. A report in The New York Times released a...more

D.C. Circuit Weighs In Once Again in KBR Privilege Fight

In the ongoing saga which has been the subject of a previous post on this blog, a three-judge panel of the D.C. Circuit Court of Appeals has once again found that the district court erred in ordering the production of the...more

Government Contractors Beware: Trying to Fit A Square Peg into A Round Hole

What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. ...more

President Obama Drafts Executive Order Requiring Paid Sick Leave for Government Contractors

On August 5, 2015, President Obama drafted an executive order that would require all employers that contract with the federal government to provide paid sick leave to individuals who are sick, seeking medical attention, or...more

Blog: Executive Order Requiring Paid Sick Leave Is On The Horizon

President Obama is said to have drafted an Executive Order, obtained by the New York Times, which would require federal contractors and subcontractors to provide their employees with a minimum of 56 hours (about 7 days) of...more

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