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Administrative Agency Government Contracting

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Final GSA Rule on Commercial License Terms that Conflict with Federal Law

Anyone who has endeavored to sell commercial software to the Federal government well knows there are devils hiding in the details of most commercial license agreements. The trick is knowing how to spot them – or, more...more

Governor Malloy Announces Municipalities Can Begin Applying for Consideration as Opportunity Zones

by Murtha Cullina on

Governor Dannel Malloy recently announced the State of Connecticut will begin accepting applications from municipalities to participate in the federal Qualified Opportunity Zone program. As detailed in the February 21, 2018...more

New Debriefing Rules in Effect for DOD Contractors

As we discussed in an earlier post about the NDAA for FY 2018, one of the most significant changes with respect to procurement issues may be related to the DOD’s conduct of debriefings. Perhaps missed in the discussions of a...more

Guidance on Guidance: DOJ Limits Use of Agency Guidance Documents in Civil Enforcement Cases

by McDermott Will & Emery on

In a two-page memorandum, the US Department of Justice (DOJ) announced a broad policy statement prohibiting the use of agency guidance documents as the basis for proving legal violations in civil enforcement actions,...more

False Claims Act: Implied Certification Theory

by Ropes & Gray LLP on

Kirsten Mayer, Ropes & Gray litigation & enforcement partner, examines the implied certification theory of liability under the False Claims Act. In 2016, the Supreme Court decided Universal Health Services v. U.S. ex rel....more

DOJ Memorandum Supports Government Dismissal of Qui Tam False Claims Act Cases

by Morgan Lewis on

In a recent memorandum, the US Department of Justice provided guidance to its attorneys on when they should seek dismissal of False Claims Act cases filed by relators. This appears to be the first directive advising DOJ...more

Taking Security in the Kingdom of Saudi Arabia

by Shearman & Sterling LLP on

The Kingdom of Saudi Arabia is a nation with a vast and growing population of over 30 million people and significant requirements for soft and hard infrastructure. Historically, the responsibility for procuring this...more

CMS Issues Update for Contractors Defending Medical Review Decisions at Medicare ALJ Hearings

by Arnall Golden Gregory LLP on

On October 13, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a CMS Transmittal to update the Medicare Program Integrity Manual (MPIM) on recent regulatory changes in the Office of Medicare Hearings and...more

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”). The first reminds contractors that competitors can work together when...more

Judge Orders OFCCP To Take Off The Blindfold From Contractors

by Fox Rothschild LLP on

Recently, an Administrative Law Judge (ALJ) issued an important decision for Oracle America, Inc. against the Office of Federal Contract Compliance Programs (OFCCP) requiring the agency to respond to Oracle’s requests for the...more

White House Announces Vulnerabilities Equities Policy and Process

by Balch & Bingham LLP on

On November 15, 2017, the Trump administration released the Vulnerabilities Equities Policy and Process. This documents describes the process by which U.S. agencies and departments determine whether to disclose or restrict...more

Weekly Update Newsletter - November 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Mid-Sized Businesses: Too Big to be Small and Too Small to be Big” House Small Business Committee Press Release, November 14, 2017. Retrieved from The House Committee on...more

Chevron Deference: Should a Government Agency Get to Decide its Own Contract Disputes?

by Bass, Berry & Sims PLC on

For more than 30 years, courts have deferred to administrative agencies’ interpretation of ambiguous statutes, unless the interpretation is unreasonable. The doctrine is called “Chevron deference” after the decision that...more

Learning from Bid Protests: Don’t Lose Your Protest Before You Begin

by Bass, Berry & Sims PLC on

The U.S. Government Accountability Office (GAO) recently published four protest decisions that were all denied due to timeliness issues. This string of cases serves as a reminder that no matter how strong a protest’s basis...more

Armed Services Board of Contract Appeals Backlog Shrinks, But Challenges Remain

The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court. The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more

Value-Based Contracting for Prescription Drugs and Medical Devices: An Innovative Solution Impaired by Outdated Regulations

by Pepper Hamilton LLP on

Often lost in the cacophony of headlines surrounding rising health care costs is the promise that value-based contracting offers as a possible solution. In contrast to the traditional fee-for-service model, value-based...more

The Fifth Circuit Restricts BSEE's Enforcement Authority Over Offshore Contractors in the Gulf of Mexico

On Wednesday, September 27, the US Court of Appeals for the Fifth Circuit issued an important decision in United States vs. Moss, No. 16-30561 that limits the authority of the federal government to bring enforcement actions...more

The Consequences of Failing to Exhaust Administrative Remedies Prior To Filing Suit - Construction and Procurement Law News, Q3...

The Fourth Circuit Court of Appeals, the federal appeals court covering Maryland, Virginia, West Virginia, North Carolina, and South Carolina, affirmed the trial court’s decision to dismiss a contractor’s breach of contract...more

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters....more

Court Finds Provider Failed to Exhaust Administrative Remedies in Suit Against Government Contractor for Withheld Reimbursement

by King & Spalding on

On August 28, 2017, the United States District Court for the Eastern District of Michigan held that a provider must fully exhaust administrative remedies before it can seek a remedy in Federal court against a Medicare...more

Time Will Tell Whether Trump Executive Order Succeeds in Reducing Time for Federal Environmental Review and Permits for Major...

On August 15, 2017, President Trump issued Executive Order 13807 (EO 13807), which seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and procedures. The...more

Contracting Under Federal Procurement Requirements After Hurricane Harvey

by Baker Donelson on

As impacted public entities and non-profits begin the long road to recovery after Hurricane Harvey, it is critical that they do not overlook or ignore compliance with important regulatory requirements upon which federal...more

Beltway Buzz - September, 2017

2016 Overtime Rules Invalidated. U.S. District Court invalidates 2016 changes to overtime rules. Steven F. Pockrass has the details here....more

EEOC’s Pay Data Collection Requirement Suspended

by Epstein Becker & Green on

On August 29, 2017, the U.S. Office of Information and Regulatory Affairs (“OIRA”), a division of the U.S. Office of Management and Budget, informed the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”)...more

Ninth Circuit: Employer’s Good Faith Reliance on HR Director is Not a Defense for Any I-9 Form Compliance Violations – Civil...

On August 7, 2017, the Ninth Circuit affirmed a several hundred thousand dollar penalty against a Phoenix, Arizona employer for violating several provisions of the United States Code related to an employer’s statutory...more

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