News & Analysis as of

Federal Contractors

DOJ Continues to Crack Down on SBA Fraud

by Alston & Bird on

On April 25, 2017, the DOJ announced that Michelle Cho, an officer of Far East Construction Corporation and other companies, received both prison time and civil penalties for her involvement as the mastermind of a fraudulent...more

Privacy Training Requirements for Federal Contractors

by Foley & Lardner LLP on

Under a final rule issued by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), effective January 19, 2017, federal government contractors must...more

Federal Contractor Agency To Be Radically Overhauled Under Trump Budget Proposal- OFCCP Will See Budget Slashed, Merger With EEOC...

by Fisher Phillips on

The proposed federal budget released earlier this week would have a dramatic impact on the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), the watchdog agency overseeing the federal government’s...more

Government Contractors: Buy In to "Buy American" or Risk Enforcement

by Faegre Baker Daniels on

President Trump’s recent “Buy American and Hire American” executive order signals greater enforcement of Buy American Laws. The order requires all federal agencies to assess and revamp internal policies for implementing and...more

Court Rules that “Upon Information And Belief” Allegations of FCA Violations Leveled Against Competitor Fail to Withstand Pleading...

by Dorsey & Whitney LLP on

A Federal court in Ohio recently dismissed a qui tam lawsuit brought under the False Claims Act by Kustom Products, Inc. against Hupp & Associates, Inc., a defense contractor, and in so doing provided judicial treatment of...more

FCA Deeper Dive: Escobar and Its Aftermath – Part II

by Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we will...more

DOT’s DBE Program Helps Promote Growth

by PilieroMazza PLLC on

The U.S. Department of Transportation (“DOT”) Disadvantaged Business Enterprise (“DBE”) Program provides opportunities for small businesses, owned and controlled by socially and economically disadvantaged individuals, Tribes...more

Honor Our Veterans By Recruiting And Hiring More Of Them

Memorial Day is upon us. While the idea of a three-day weekend, cookout, and pool party can be distracting, I encourage everyone to stop and remember those who have lost their lives in the service of our country. It’s also a...more

FAR 52.204-21 And The Future Of Federal Cybersecurity Enforcement

by Fox Rothschild LLP on

Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in...more

Is a Merger Of OFCCP And EEOC On The Horizon?

by Jackson Lewis P.C. on

In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure. The discussion has continued since that time, and has, in the past weeks gathered more...more

American Corporation Seeks To Dismiss Afghan Overtime Claim By Contractors: What Is Going On?

by Fox Rothschild LLP on

We usually think of FLSA and overtime cases arising in our country, but companies operating overseas have to deal with the laws of that country. In an interesting case that hearkens to the headlines of national security and...more

Hiring Incumbent Staff: GAO Says You Get What You Pay For

by K&L Gates LLP on

When an agency evaluates a proposal for the award of a cost-reimbursement contract or order, an offeror's proposed costs are not dispositive. Regardless of the costs proposed, the government is bound to pay the contractor its...more

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit...more

Weekly Update Newsletter - May 2017 #2

by PilieroMazza PLLC on

DEPARTMENT OF VETERANS AFFAIRS - Proposed Rule to Revise and Streamline VA Acquisition Regulation To Adhere to Federal Acquisition Regulation Principles - The Department of Veterans Affairs (“VA”) is proposing to amend...more

Proposed Merger Of EEOC, OFCCP Faces Opposition From Both Sides

Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had...more

DOD Audit Highlights Need for Proactive Contractor Diligence in Past Performance Evaluations

by Reed Smith on

A poor past performance evaluation of a contractor’s performance can be the kiss of death to that contractor’s ultimate success in the federal marketplace. A contracting official’s assessment of a rating lower than “very...more

Washington State Enacts Its Own “Blacklisting” Statute

by Stoel Rives LLP on

Although federal contractors were able to breathe a sigh of relief after the current administration put a stop to President Obama’s “Blacklisting” executive order, employers in the state of Washington must now comply with...more

Procurement Pulse - May 2017

by DLA Piper on

Some interesting new developments in procurement law this month. Whilst the case has now been settled and is the subject of an independent enquiry, we report on the Supreme Court's final ruling on the Energy Solutions case,...more

New CVE Guidance on Joint Ventures and Mentor-Protégé Relationships

by PilieroMazza PLLC on

Earlier this month, the VA’s Center for Verification and Evaluation (“CVE”) published a new VA Verification Assistance Brief, Understanding Joint Venture and Mentor-Protégé Agreement Eligibility (“Assistance Brief”). The...more

Here’s More On That Google-OFCCP Donnybrook*

*Donnybrook: Named for the Donnybrook Fair near Dublin, “a notoriously disorderly event, held annually from 1204 until the middle of the 19th century.” Meaning a “free-for-all; brawl; a usually public quarrel or...more

Trump’s Religious Freedom EO May Set Stage for Future Expansion of Religious Exercise in the Workplace

On May 4, 2017, the President signed the Executive Order Promoting Free Speech and Liberty (the “EO”). The EO’s stated policy is to “vigorously enforce Federal law’s robust protections for religious freedom.” An early version...more

Fourth Circuit Re-Affirms Sufficiency of Triple Canopy Complaint

by Bass, Berry & Sims PLC on

U.S. ex rel. Badr v. Triple Canopy, Inc., an intervened case arising out of the Fourth Circuit, has been one of the more closely-watched recent FCA cases. Previously, the Fourth Circuit held that the government’s complaint...more

Untangling Service Contract Act Vacation and Sick Leave Requirements - Set-Aside Alert

by PilieroMazza PLLC on

Complying with Service Contract Act (“SCA”) leave requirements is challenging, even more so if service employees live in a state or country with local sick leave laws or if the contract is subject to Executive Order 13706,...more

Uncharted Territory: Protestor Files Suit Challenging GAO’s Redaction Policy

We’ll be watching with interest as Pond Constructors, Inc. v. Government Accountability Office, No. 1:17-cv-00881, makes its way through the U.S. District Court for the District of Columbia. Following an unsuccessful bid...more

NISPOM Change 2 Deadlines Coming for Cleared Contractors

by Hogan Lovells on

As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM)1, a number of implementation deadlines are drawing near. This blog post...more

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Cybersecurity

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