- Akin Gump is hosting a Webinar tomorrow, August 6, 2020, at 12:00 p.m. (EST) to discuss Section 889, the implementing regulations, and the grant and loan restrictions also effective August 13, 2020.
- On July 14, 2020,...more
8/5/2020
/ Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Interim Final Rules (IFR) ,
NASA ,
NDAA ,
Prime Contractor ,
Public Comment ,
Reporting Requirements ,
Subcontractors ,
Supply Chain ,
Surveillance ,
Telecommunications
- The Department of Justice (DOJ) will focus its civil enforcement activity on fraud and other illegal actions relating to COVID-19, including with respect to CARES Act stimulus programs and consumer products marketed for use...more
7/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Private Equity Firms ,
Qui Tam
A. Introduction and Key Take-Aways -
The Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program provides a metric for independent third parties to use in assessing and certifying the...more
6/4/2020
/ Competition ,
Confidential Information ,
Conflicts of Interest ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Costs ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Subcontractors ,
Supply Chain
- The government has pledged to prioritize investigations and prosecutions regarding alleged frauds related to coronavirus programs.
- The False Claims Act is the government’s primary enforcement tool to prosecute alleged...more
- The Paycheck Protection Program (PPP), contained within the stimulus package signed by President Trump on March 27, 2020, creates a $349 billion loan facility to help “small” businesses make payroll and pay certain other...more
Loans Under Paycheck Protection Program (Section 1102) -
Section 1102 provides $350 billion for expedited individual loans up to $10 million through approved lenders that are guaranteed 100 percent by the U.S. government....more
The Defense Production Act (DPA) of 1950 (50 U.S.C. §§ 4501 et seq.) grants the President broad authority to prioritize and allocate health resources. This includes two very separate and distinct authorities to (1) “require...more
- On March 11, President Donald Trump directed the Small Business Administration (SBA) to offer Economic Injury Disaster Loans (EIDLs) to small businesses and private non-profits impacted by COVID-19. The low-interest loans...more
Key Points
- On January 22, 2020, the Office of Management and Budget (OMB) proposed changes to its grants and agreements regulations (2 CFR Part 200) to implement § 889 of the National Defense Authorization Act (NDAA)...more
1/28/2020
/ China ,
Code of Federal Regulations (CFR) ,
Comment Period ,
Cooperative Agreements ,
Critical Infrastructure Sectors ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
NDAA ,
OMB ,
Procurement Guidelines ,
Proposed Regulation ,
Telecommunications
Key Points
- Congress has passed the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) as an amendment to the National Defense Authorization Act, which was enacted on December 17, 2019. This federal...more
1/23/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Fair Chance Act ,
Federal Contractors ,
Federal Labor Laws ,
National Security ,
NDAA ,
New Legislation
• On August 7, the DOD, GSA, and NASA released a prepublication version of an Interim Final Rule implementing paragraph (a)(1)(A) of § 889 of the 2019 NDAA. The rule is effective next Tuesday, August 13, 2019.
• Among its...more
8/12/2019
/ CFIUS ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FIRRMA ,
General Services Administration (GSA) ,
Interim Final Rules (IFR) ,
NASA ,
NDAA ,
New Rules ,
Public Comment ,
Reporting Requirements ,
Surveillance ,
Telecommunications
International construction arbitration welcomes FIDIC's latest standard form contract: the “Emerald Book”. Known more formally as Conditions of Contract for Underground Works the contract is designed to address issues that...more
• The Department of Justice (DOJ) has adopted a policy to incentivize companies and individuals to voluntarily disclose civil False Claims Act (FCA) violations, cooperate with government investigators and undertake effective...more
In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread. Typically, the contractor...more
• On January 31, 2019, President Trump signed an executive order that directs federal departments and agencies to take steps to encourage recipients of federal financial assistance for a broad range of infrastructure projects...more
• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.”
• The Court of Appeal...more
9/14/2018
/ Appeals ,
Claim Procedures ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contractors ,
International Arbitration ,
Land Owners ,
Liquidated Damages ,
No Damage For Delay ,
Property Owners ,
Time Extensions
• Department of Justice (DOJ) has released a memorandum detailing seven nonexhaustive factors to be considered by its attorneys in making the important determination of whether to dismiss False Claims Act (FCA) qui tam...more
• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims.
• This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit.
...more
• First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained.
• Second, mere compliance with cybersecurity...more
11/9/2017
/ Bid Protests ,
Court of Federal Claims ,
Cybersecurity ,
Cybersecurity Framework ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
NIST ,
Risk Management ,
Standing
The results of the U.S. presidential election are historic and unanticipated, and they will have significant economic, political, legal and social implications. As we prepare for the Trump presidency, many uncertainties...more
11/17/2016
/ Antitrust Provisions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Energy Sector ,
Environmental Policies ,
Foreign Policy ,
Health Insurance ,
Immigration Enforcement ,
Tax Reform ,
Trade Policy ,
Trump Administration
The Proposed Rule creates a procedure for DoD to release unclassified technical data subject to EAR and ITAR to “qualified contractors,” which are defined to mean qualified U.S. and Canadian contractors. The Proposed Rule...more
Key points -
- A federal district court in Texas issued a preliminary injunction blocking implementation of the labor law disclosure requirements and restrictions on certain predispute arbitration agreements under...more
10/27/2016
/ Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Labor Law Violations ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements ,
Wage and Hour
Key Points -
- The U.S. Department of Labor issued final rules implementing Executive Order 13706 requiring federal contractors to provide up to seven days of annual paid sick leave, including leave for family care...more
Key Points -
- While making some welcomed changes to the proposed rule, the final rule leaves many of the significant burdens and costs associated with requiring contractors and subcontractors to disclose various...more
On June 30, 2016, President Obama signed a bill into law that seeks to encourage disclosure by agencies and bring the Freedom of Information Act (FOIA) into the digital age. Widely seen as a response to criticism by...more