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Government Contracting Updates

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

New Court of Federal Claims Decision Is an Opportunity for Prospective Bidders

• 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

Congress Moves to Authorize FOCI Whitelisting Program

by Holland & Knight LLP on

• The U.S. Senate agreed on Nov. 16, 2017, to a conference report with respect to H.R.2810 – National Defense Authorization Act for Fiscal Year 2018. The bill provides for a review regarding the applicability of Foreign...more

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

by Fenwick & West LLP on

In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Avoiding Data Breaches: Lessons From Regulations

by Revision Legal on

In January of 2017, an amendment to the Federal Acquisitions Regulation (“FAR”) went into effect related to protecting private personal information and requiring privacy training for all federal government contractors. The...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 smallbusiness.house.gov The House Committee on...more

Changes to Audit and Truth in Negotiations Act in FY 2018 NDAA

For DoD acquisitions, the Conference Report for FY 2018 NDAA includes provisions that would streamline the DCAA Incurred Cost Audit process by involving private auditors and increase the TINA threshold. Conference Report...more

Seventh Circuit Resolves Circuit Split on Causation in FCA Cases

by Bass, Berry & Sims PLC on

In a recent opinion, the Seventh Circuit joined its sister circuits in holding that under the FCA, a defendant’s conduct must proximately cause injury to the government in order to incur liability for that injury. United...more

Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities. Proposed supply chain diligence...more

2018 NDAA Analysis: The Noose Further Tightens on LPTA

by Holland & Knight LLP on

This is the third blog post in a series of blogs analyzing the 2018 National Defense Authorization Act (NDAA), which has been passed by both houses of Congress and is awaiting the President’s signature. Stay tuned for new...more

Considerations When Bringing on a New Owner

by PilieroMazza PLLC on

The attorneys at PilieroMazza's Colorado office frequently assists businesses in drafting, amending, and negotiating their operating agreements, bylaws, and shareholders’ agreements. When this exercise involves a government...more

GAO Sustain Rate Is Down from 2016, But Still Higher Than Some Recent Years

by PilieroMazza PLLC on

This week, the U.S. Government Accountability Office (“GAO”) published its annual report to Congress, detailing statistics on the bid protests filed during the 2017 fiscal year. The number of cases filed with GAO (including...more

GAO Releases Bid Protest Statistics for Fiscal Year 2017

by Davis Wright Tremaine LLP on

This past Thursday, I attended an all-day Federal Government Contracts seminar at the Seattle, WA office of AGC titled,“How to Navigate the New Administration.” Among the speakers were my friends and former colleagues Jim...more

Ostensible Subcontractor Rule Does Not Apply to Similar Entities

by Davis Wright Tremaine LLP on

A recent bid protest decision confirmed that the ostensible subcontractor rule cannot apply to similarly situated entities. The rule can result in a finding of affiliation if a small business prime contractor is determined to...more

GAO Finds That Proposal’s Mention of Arbitration Agreements Warrants Sustaining Protest

by Jones Day on

The Situation: GAO sustained a protest challenging a task order award where the awardee's proposal included letters of intent that mentioned an arbitration agreement that was required as a condition of employment. The...more

Massachusetts EDCs Issue New RFP For 100 MW Of New Solar PV Generation; Bids Due December 5

by Pierce Atwood LLP on

The Massachusetts electric distribution companies (EDCs), in consultation with the Department of Energy Resources (DOER) have issued a new request for proposals (RFP) seeking offers from eligible solar photovoltaic (Solar PV)...more

What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government...more

Changes for Bid Protests in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests. Enhanced DoD...more

Information filtration under the Export Administration Regulations

by Miller Canfield on

Information provides the cornerstone to the modern economy. Information flows across information technology networks similar to water naturally flowing down our mountains, into our streams and rivers, and out to the oceans....more

Recent Case Highlights Risks of Paying Physicians for Routine Duties - Signed writing required, informal documentation may not be...

by Stinson Leonard Street on

Payments to physicians, even for routine, necessary duties, may cause referrals to the entity making the payments to be "prohibited referrals" under the Stark Law. This means the hospital or other entity should not have...more

“Always a bridesmaid, never a bride” Might Work for Stark Liability but Not the Anti-Kickback Statute

by Nossaman LLP on

Last Thursday, a jury in federal district court in St. Louis handed down a verdict in a False Claims Act (“FCA”) case that presents a laundry list of the challenges which can arise in a FCA case. ...more

Prevailing Wages: SB 96

by Best Best & Krieger LLP on

The following Q&A were from a recent Best Best & Krieger LLP free webinar “SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties.” The webinar was presented as part of an ongoing series...more

Skilled Nursing Facilities Targeted in Government Enforcement Actions and Qui Tam Lawsuits

by Pepper Hamilton LLP on

Skilled nursing facilities (SNFs) have been the subject of multiple high-profile False Claims Act settlements in recent years, and new pronouncements and pending enforcement actions suggest that SNFs will continue to face...more

The New OFCCP Director: Trump Administration to Tap Florida City Attorney

We understand that the Trump administration has chosen Craig E. Leen to serve as senior adviser to U.S. Secretary of Labor Alexander Acosta. Leen, who until recently was the city attorney for Coral Gables, Florida, is...more

In Luce, The Seventh Circuit Joins the Third, Fifth, Tenth, and D.C. Circuits in Adopting a Proximate Causation Requirement for...

In United States v. Luce, the U.S. Court of Appeals for the Seventh Circuit recently held that a plaintiff suing under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., must demonstrate not merely that the government...more

Surprise, Surprise, Congress Does Listen — Well, Kind Of - An Analysis of NDAA Section 846’s Online Marketplace Provisions

An Analysis of NDAA Section 846’s Online Marketplace Provisions - There has been a lot of speculation about the future of commercial items purchasing within the federal Government since Representative Mac Thornberry...more

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