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Government Contracting Updates

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

VA Obtains $685 Million for Construction and Renovation Projects

by Davis Wright Tremaine LLP on

The U.S. Department of Veterans Affairs has set aside $685 million in congressional funding for several State Veterans Home construction projects. The projects will be funded through the VA State Veterans Home Construction...more

Multiple-Award Contracts - Path to Growth or Punishment for Success?

by PilieroMazza PLLC on

Published by Set-Aside Alert Newsletter: Size and status representations for task orders issued under MultipleAward Contracts (MAC) and schedules have become a controversial and complex issue. Generally, the Small Business...more

GSA Identifies Fraudulent Activity in SAM.gov and Imposes New Requirements

by Holland & Knight LLP on

Takeaways for all government contractors - 1. Review your SAM.gov registration to ensure it is accurate, especially as to banking information and authorized Entity Administrators. 2. Prepare and submit notarized...more

OFCCP Clarifies Methodology for Contractor Audit Selection

by Littler on

On April 18, 2018, in another step signaling increased transparency for federal contractors, OFCCP issued a release describing its methodology for selecting and scheduling federal contractors for audit in 2018. ...more

Expediting Bid Protests

by Bilzin Sumberg on

Last week, the Rand Corporation, which just completed an analysis of the federal bid-protest system, announced that one thing the federal government has been doing particularly well is resolving bid protests quickly–the...more

Supreme Court Order Indicates Interest in Reviewing Campie, the False Claims Act Outlier of the Ninth Circuit

In an order issued on April 16, 2018, the U.S. Supreme Court invited the Solicitor General to file a brief “expressing the views of the United States” concerning the 2017 decision of the U.S. Court of Appeals for the Ninth...more

Be Aware of Sovereign Immunity - Construction and Procurement Law News, Q1 2018

Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more

Breaking News: OFCCP Could Be Close To Rescinding Current Compensation Directive

by Jackson Lewis P.C. on

Bloomberg Law is reporting OFCCP may soon rescind the controversial Directive 307, which has been in place since early 2013, and sets out the Agency’s current methodology for analyzing pay. In its place, Bloomberg reports...more

New DoD Class Deviation Tackles Micro-purchase and Simplified Acquisition Thresholds

by Holland & Knight LLP on

On April 13, 2018, The Department of Defense (DoD) issued Class Deviation 2018-O00013, which consolidates and supersedes two prior class deviations that increased the micro-purchase and simplified acquisition thresholds and...more

Office of Federal Contracts Compliance Programs: Methodology for Developing the Scheduling List Supply & Service Federal...

The Office of Federal Contract Compliance Programs (OFCCP) recently released its scheduling methodology for the fiscal year (FY) 2018 scheduling list. The two-page document describes the process the agency used to develop the...more

Additional Funding Available for SBIR/STTR Awardees at the State Level

by Bass, Berry & Sims PLC on

Congress created the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs in 1982 and 1992, respectively. These programs require certain government agencies to set aside a...more

Duke Energy CPRE Program – Tranche 1 RFP Solicitation Update

by Williams Mullen on

On April 4, 2018, Duke Energy Carolinas, LLC’s and Duke Energy Progress, LLC’s (“Duke”) evaluation team (the “Evaluation Team”) and Accion Group, LLC, the Independent Administrator (“IA”) selected to conduct Duke’s...more

In One Decision, The Eleventh Circuit Creates Two Circuit Splits

by Dorsey & Whitney LLP on

Rejecting the views of the Fourth and Tenth Circuits, the Eleventh Circuit held the FCA’s three year statute of limitations period in § 3731(b)(2) applies to a relator’s claim even when the United States declines to...more

Bid Protests of State Procurements in the DMV (D.C., Maryland, and Virginia) Part 2 of 3 – D.C.

by Miles & Stockbridge P.C. on

For the second post in our three part series regarding state-level bid protests in the DMV, we turn our attention to the District of Columbia. In our first post we discussed the authorities and procedures for Maryland...more

Federal Court Holds That It Lacks Subject Matter Jurisdiction To Review VA’s Decision To Begin Debarment Proceedings Since That...

by Pepper Hamilton LLP on

Hope v. Dep’t of Veterans Affairs, 2018 U.S. Dist. LEXIS 28479 (E.D. Ark. Feb. 22, 2018) - This matter involved a motion for temporary restraining order and preliminary injunction (the “Motion”) filed by Richard Alan Hope...more

The Government Contracts Cyber Café: Supply Chain and Third-Party Vendor Management (Summary Document)

by Pepper Hamilton LLP on

This new webinar series covers the top issues in government contracts and cybersecurity. This webinar discussed “Supply Chain and Third-Party Vendor Management,” a critical component of cybersecurity and a mandatory...more

Government Contracts Cyber Café Series: Supply Chain and Third-Party Vendor Management

by Pepper Hamilton LLP on

This new webinar series covers the top issues in government contracts and cybersecurity. This webinar discussed “Supply Chain and Third-Party Vendor Management,” a critical component of cybersecurity and a mandatory...more

GAO Bid Protests Go Electronic On May 1, 2018 (And With A Fee)

by Clark Hill PLC on

The U.S. Government Accountability Office (“GAO”) announced that, beginning May 1, 2018, bid protests with the GAO must be submitted electronically through its new electronic bid protest docketing system. Along with this new...more

OFCCP Discloses Audit Scheduling Methodology

by Jackson Lewis P.C. on

In another show of transparency, OFCCP has released a detail description of its process for selecting contractors for audit. The two-page document walks through, step-by-step, the process OFCCP undertook to identify...more

General Release Cuts Off Subcontractor Pass-Through Claim

by Davis Wright Tremaine LLP on

Last month, the Court of Federal Claims issued a decision reaffirming the importance of considering carefully subcontract release and waiver language in Government procurement. MW Builders, Inc. v. United States involved a...more

New ADR Process in Defense Contractor Reprisal Cases

by Holland & Knight LLP on

• In September 2017, the Office of the Inspector General for the U.S. Department of Defense (DoD) began offering voluntary alternative dispute resolution (ADR) in complaints filed by contractors, subcontractors, grantees,...more

Bechtel National: Third Party Lawsuit Settlement Cost Allowability Remains Murky After Recent COFC Decision

by Dentons on

Contractor legal costs, including the costs to settle third party lawsuits (i.e., suits brought against a contractor by an individual or non-governmental entity), are allowable if the costs are reasonable, allocable,...more

3rd Circuit Reopens FCA Suit Over Pittsburgh’s Use of Federal Funds

by Weiner Brodsky Kider PC on

A three-judge panel of the U.S. Court of Appeals for the Third Circuit recently decided in a non-precedential opinion that a District Court judge erred in dismissing too quickly a False Claims Act (FCA) case in which fair...more

New York City Council Passes the Stop Sexual Harassment in NYC Act

The New York City Council has passed the Stop Sexual Harassment in NYC Act (the “Act”), a package of bills aimed at addressing and preventing sexual harassment in the workplace. The legislation is now awaiting the signature...more

Governor Cuomo Signs 2019 Budget Bill With Significant Provisions Addressing Workplace Sexual Harassment Claims

On April 12, 2018, Governor Andrew Cuomo signed the New York State 2019 Budget Bill (the “Budget”), which contains, among other things, provisions: • Requiring employers to adopt a sexual harassment prevention policy that...more

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