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Government Contracting Updates

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

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

Large Contractors – Time to Take Your Protests to Court?

by Bass, Berry & Sims PLC on

Congress recently concluded the conference on the 2018 National Defense Authorization Act (NDAA), resolving the differences between the House and Senate versions of the FY18 NDAA passed earlier this year. Pilot Program...more

2018 NDAA Analysis: DoD “Amazon” Bill Poised to Become Law

by Holland & Knight LLP on

This is the second blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

What the DOJ’s Potential Policy Shift on Qui Tam Actions May Mean for Businesses

by Polsinelli on

In a surprise announcement, the Department of Justice (DOJ) announced that the government will move to dismiss a qui tam action brought under the False Claims Act when it determines that the case has no merit. ...more

Unreliable Expert Collapses DOJ-Led False Claims Act Case

by Holland & Knight LLP on

False Claims Act cases often turn into battles of the experts. But only rarely does that battle turn into a rout. It did last week in a case out of the Eastern District of Virginia, United States ex rel. Ribik v. HCR...more

OFCCP Required To Share Statistical Findings In Enforcement Action

by Hogan Lovells on

Employers facing a determination by the OFCCP (Office of Federal Contract Compliance Programs) that they have violated the anti-discrimination laws applicable to federal contractors often confront a black box when trying to...more

The Latest on 2017 EEO-1 Reporting Requirements

by Hogan Lovells on

Employers subject to EEO-1 reporting were relieved to learn that the controversial new pay data reporting requirement for this year’s EEO-1 report was recently suspended. ...more

The Case of the Bashful Whistleblower

by Faegre Baker Daniels on

William Nash filed a whistleblower case against his former employer but wanted to remain anonymous so that his new employer wouldn’t know that he is—you guessed it–a whistleblower. William’s qui tam action alleged Medicaid...more

Dateline Washington – Some Things Appear To Still Be Working, Albeit Not Well For Government

As required by the Competition in Contracting Act of 1984, 31 U.S.C. §§3554 et al. (CICA), the U.S. Government Accountability Office (GAO) has certain bid protest-related jurisdiction over executive agencies. As part of its...more

A Myth About Delay – Revisited

by Gray Reed & McGraw on

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to...more

Suspension and Debarment

by Williams Mullen on

The government can suspend or debar an entity or individual for a host of actions or omissions, barring them from doing business with the government. A proactive strategy of self-examination, corrective action and engagement...more

Reports: New OFCCP Director Appointed

According to multiple sources, on November 13, 2017, Craig E. Leen, was appointed the new Director of the Office of Federal Contractor Compliance Programs (“OFCCP”). Mr. Leen has been the City Attorney for Coral Gables,...more

PilieroMazza Legal Advisor - Fourth Quarter 2017

by PilieroMazza PLLC on

Business and Corporate Special Issue - We are excited to bring you this special edition of The Legal Advisor focused on our Business & Corporate Group. The articles in this issue highlight the diverse array of matters...more

GAO Bid Protest Sustain Rate Remains High in FY 2017

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, the report states that, “[o]f the protests resolved on the merits during fiscal year 2017, [GAO]...more

P3 Legislative Update

by Bilzin Sumberg on

Legislators at both the state and local level have been busy introducing and considering new legislation that could impact the government procurement process and public/private partnerships. These new provisions will...more

Weekly Update Newsletter - November 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - SBA - Backlash to SBA Regulatory Research Contract Is Growing - Critics are raising significant concerns about the award of a federal contract to study regulatory costs to two researchers whose...more

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