On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section....more
8/21/2024
/ Bank Secrecy Act ,
Bribery ,
CFTC ,
Compliance ,
Corporate Counsel ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Failure to Comply ,
False Claims Act (FCA) ,
Federal Contractors ,
Financial Institutions ,
FinCEN ,
Fraud ,
Healthcare Fraud ,
Incentives ,
Internal Reporting ,
Investigations ,
Money Laundering ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers
Last week, the Government Accountability Office (“GAO”) released its Bid Protest Annual Report to Congress for FY 2023. The Annual Report reflects that GAO had a record-breaking year of protest activity. We note, however,...more
A recent decision published by the Court of Federal Claims (“COFC”) highlights the legal perils contractors may face by failing to properly evaluate the impact of post-government employment restrictions (i.e., “revolving...more
On June 30, 2023, the United States House of Representatives passed its version of the National Defense Authorization Act for the Fiscal Year 2024, H.R. 2670 (Rep. No. 118-125) (the “NDAA”)....more
7/21/2023
/ Bid Protests ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Pilot Programs ,
GAO ,
Legislative Agendas ,
National Security ,
NDAA ,
New Legislation ,
Regulatory Agenda
On November 14, 2022, the Federal Acquisition Regulation ("FAR") Council issued a proposed rule that may require certain federal contractors to disclose their greenhouse gas ("GHG") emissions and associated financial risk....more
On Friday, October 14th, the Safer Federal Workforce Task Force (“Task Force”) published new guidance for upcoming potential enforcement of the federal contractor vaccine mandate established by Executive Order 14042,...more
The Government Accountability Office (“GAO”) recently released its Bid Protest Annual Report to Congress for Fiscal Year 2022. The report reflects that prior years’ trends continue. Namely, while the total number of bid...more
In a fixed-price contract, increased costs caused by market inflation alone will not entitle the contractor to an equitable adjustment.
Contracting Officers are advised to utilize contract provisions that include an...more
The DoD Cements Enhanced Debriefing Procedures -
The Department of Defense (“DoD”) issued a final rule recently which makes permanent several post-award debriefing procedures temporarily in place through a FAR class...more
The Government Accountability Office ("GAO") recently released its Annual Report to Congress for the Fiscal Year 2021. The report shows that, while the total number of bid protests dropped significantly in FY2021, nearly half...more
For the last two decades, with the principal exception of California and a handful of other jurisdictions, non-competition covenants have been a standard component of the defense architecture for U.S. companies to protect...more
On October 28, 2021, Deputy Attorney General Lisa Monaco issued a Memorandum entitled “Corporate Crime Advisory Group and Initial Revisions to Corporate Criminal Enforcement Policies,” which she explained the same day in her...more
The implementation of President Biden’s Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”) continues to evolve and will likely be refined and updated over the coming weeks and...more
11/3/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
New Guidance ,
OSHA ,
Vaccinations ,
Workplace Safety
On Friday, September 24th, the Safer Federal Workforce Task Force (“Task Force”) issued the highly anticipated COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (“Guidance”). The Guidance...more
The FAR Council recently published a series of final rules amending several FAR provisions relating to limitations on subcontracting. These amendments “advance the interests of small business prime contractors by making it...more
On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “Order”). The Order states its purpose is “to promote economy and efficiency in Federal contracting, to promote...more
Governor Jared Polis announced Executive Order D 2020 017, “Ordering Coloradans to Stay at Home Due to the Presence of COVID-19 in the State” (the “Executive Order”). Subject to limited exceptions, the Executive Order...more
As our fight against the COVID-19 pandemic continues to evolve, disruption to business operations is increasing. Over the past weeks, numerous state and municipal government bodies have issued shelter-in-place or stay-home...more
The Government Accountability Office (“GAO”) released its Annual Report to Congress for the Fiscal Year 2019, which provides a statistical summary of its bid protest activity for the past fiscal year...more
The Department of Justice (“DOJ”) recently issued guidance defining the types of information that qualify as “confidential” under Exemption 4 of the Freedom of Information Act (“FOIA”). This guidance follows the Supreme...more