The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn...more
The Federal Acquisition Regulation ("FAR") contains numerous standard and optional forms for use in acquisitions. A standard form (SF) is considered mandatory. For instance, any bilateral or unilateral modification to a...more
The Fourth Circuit, in United States ex rel. Sheldon v. Allergan Sales, LLC, No. 20-2330, 2022 WL 211172 (4th Cir. Jan. 25, 2022) recently upheld the dismissal of False Claims Act (“FCA”) lawsuit brought by a quit tam relator...more
After reporting its lowest annual recovery from False Claim Act (“FCA”) cases in Fiscal Year (FY) 2020, the Department of Justice (“DOJ”) has reportedly bounced back. On February 1, 2021, DOJ released detailed statistics...more
On Friday, October 1, 2021, a full week ahead of its October 8 deadline, the Federal Acquisition Regulatory Council (“FAR Council” or “Council”) issued a Federal Acquisitions Regulation (“FAR”) deviation contract clause that...more
As directed by President Biden’s September 9, 2021 Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” today the Safer Federal Workforce Task Force issued workplace safety guidance...more
The Biden-Harris Administration recently made another step forward in bolstering American manufacturing, and by extension American national and economic security. Billed as the “most robust changes to the implementation of...more
Since the dawn of the historic COVID-19 relief packages, which have doled out approximately $2.6 trillion to date (with more to be spent), the federal government has made no secret of the fact that it intends to ferret out...more
While most federal contractors are eminently familiar with the False Claims Act (“FCA”)—government’s most potent weapons for prosecuting false claims—the anti-fraud provision of the Contract Disputes Act (“CDA”) does not...more
Executive Order 14005 -
Not even one week into the Biden Administration’s tenure, Buy American rules are yet again taking center stage as a fundamental policy objective. On January 25, 2021, President Biden issued...more
No one was immune from the impacts of the COVID-19 pandemic in 2020, and that includes the Department of Justice (“DOJ”). After years of steady decline in False Claims Act (“FCA”) recoveries, DOJ reported its lowest annual...more
CARES Act -
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act (P.L. 116-136) was passed by Congress and signed into law by President Trump on March 27, 2020. The CARES Act provides over $2 trillion of...more
On June 1, 2020, the Criminal Division of the US Department of Justice (“DOJ”) released an updated guidance document for white-collar prosecutors on the evaluation of corporate compliance programs....more
While the global economy grinds to a halt over spread of the novel coronavirus (COVID-19) and people disband amidst calls for “social distancing,” these are uncertain times to say the least....more
On April 8, 2020, the Department of Defense (“DOD”) issued Class Deviation Number: 2020-00013 authorizing Contracting Officers (“COs”) to deviate from the principles listed in Federal Acquisition Regulation (“FAR”) Part 31...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which became law on March 27, 2020, offers potential relief for federal contractors whose employees (1) cannot perform work on a site that has been...more
4/2/2020
/ Affiliated-Business Arrangements ,
Affiliates ,
Board of Directors ,
Business Interruption ,
CARES Act ,
Core Funding Ratio (CFR) ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Employee Retention ,
Federal Loans ,
Financial Stimulus ,
Lenders ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Shareholders ,
Shelter-In-Place ,
Small Business ,
Tax Relief
On March 23, 2020, Maryland’s Governor Larry Hogan issued three executive orders addressing the COVID-19 emergency: (1) Order 20-03-23-01 closing non-essential businesses throughout the state of Maryland, (2) Order...more
On March 24, 2020, District of Columbia Mayor Muriel Bowser issued Mayor’s Order 2020-053: Closure of Non-Essential Businesses and Prohibition on Large Gatherings During Public Health Emergency for the 2019 Novel Coronavirus...more
On March 23, 2020, Virginia’s Governor Ralph Northam issued Executive Order No. 53, placing restrictions on restaurants, recreational facilities, entertainment venues, large gatherings, non-essential retail businesses, and ...more
On March 13, 2020, President Trump declared a national emergency in response to the coronavirus (COVID-19) outbreak. Such a declaration has significant implications on the contracting community navigating the federal...more
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs has released its long anticipated updated Technical Assistance Guide for Federal Construction Contractors and Subcontractors. ...more
Federal contractors already subject to a myriad of reporting requirements should be prepared for yet another. Effective December 23, 2019, a new Federal Acquisition Regulation (“FAR”) provision entitled “Reporting of...more
12/20/2019
/ Corporate Counsel ,
Cost Accounting Standards (CAS) ,
Counterfeit Goods Regulation ,
Counterfeit Parts ,
Counterfeiting ,
Critical Infrastructure Sectors ,
Data Management ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Food and Drug Administration (FDA) ,
Medical Devices ,
NDAA ,
Nonconforming Use ,
OFPP ,
Procurement Guidelines ,
Regulatory Reform ,
Reporting Requirements ,
Supply Chain
While China commands the media spotlight in the global war on trade, new trade battles are being waged south of the equator. On Monday December 2, 2019, President Trump announced that he would reinstate tariffs on aluminum...more
12/6/2019
/ Aluminum Sales ,
Argentina ,
Brazil ,
Construction Project ,
Critical Infrastructure Sectors ,
Currency Manipulation ,
Exchange Rates ,
Exemptions ,
Foreign Policy ,
Imports ,
Manufacturers ,
Regulatory Requirements ,
Regulatory Standards ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
President Trump continues to push forward with his “Buy American, Hire American” initiative with the issuance of his third Executive Order No. 13881 (the “Order”) on July 15, 2019, entitled “Maximizing Use of American-Made...more
8/20/2019
/ Buy America ,
Buy American Act ,
Construction Project ,
Domestic Hiring Policy ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Grants ,
Infrastructure ,
Procurement Guidelines ,
Steel Industry ,
Supply Chain ,
Trump Administration ,
US Trade Policies
25 days and counting, the partial government shutdown has left many federal employees with an endless weekend and no paycheck. ...more
1/16/2019
/ Anti-Deficiency Act ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Budget ,
Federal Contractors ,
Federal Funding ,
Fixed Price Contracts ,
Government Shutdown ,
Political Debates ,
Trump Administration ,
US-Mexico Border Wall