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General Business Government Contracting

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

Government Contracts Legislative and Regulatory Updates - March 2018

by Dentons on

Our March edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of February....more

Setting Aside Certificates for "Manifest Error"

by White & Case LLP on

In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The concept of "manifest error"...more

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

Weekly Update Newsletter - March 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - Claims Court Could Receive Record Number of Protests in 2018 - According to an article in the Federal Contracts Report, the United States Court of Federal Claims (COFC) is on course to receive...more

Do Millennials Post a Retention Risk? According to GAO, It’s Reasonable For Agencies to Consider It - Set-Aside Alert

by PilieroMazza PLLC on

The common assumption is that Millennials move quickly between jobs, never truly laying down roots for the long-term. The United States Government Accountability Office (“GAO”) conducted its own study, which focused on...more

False Claims Act Alert - An Escobar Roundup: Falsity, Materiality, and Scienter

by WilmerHale on

In its June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), the Supreme Court held that implied certification claims are viable under the False Claims Act (FCA), but...more

HUBZone Definition of “Employee” Not So Black-and-White

by PilieroMazza PLLC on

In a recent decision, HUBZone Appeal of Q Services, Inc., the Small Business Administration (“SBA”) clarified that the number of hours worked by a person does not bar SBA from examining the totality of the circumstances to...more

Recent Legislation Limits Settlement Payment Tax Deductions

The recently enacted "Tax Cuts and Jobs Act of 2017" (P.L 115-97) (the "Act") made, among others, significant changes to the rules that govern whether taxpayers can deduct as business expenses certain settlement payments made...more

What all defense contractors should know about new DOD-specific lobbying restrictions

by Dentons on

Two months into 2018, defense contractors are no doubt tracking the economic and policy implications of the National Defense Authorization Act (NDAA) for Fiscal Year 2018—Congress' more than US$700 billion annual defense...more

Deputy Attorney General Outlines DOJ White Collar Priorities

by Bryan Cave on

On March 2, 2018, in remarks delivered at the 32nd Annual ABA National Institute on White Collar Crime, Deputy Attorney General Rod Rosenstein outlined some of the DOJ's white collar crime priorities, and touted some...more

[Webinar] OASIS Open Season - Overview of the Potential Requirements, Scope and Approach for the OASIS Contract Vehicle - March...

With GSA Successfully completing the first on-ramp of contractors by adding 31 new small businesses to the One Acquisition Solution for Integrated Services Small Business (OASIS SB) Pool 2 contract, it may be time for...more

False Claims Act year in review: 2017

by DLA Piper on

In 2017, False Claims Act (FCA) recoveries totaled more than $3.7 billion, down from more than $4.7 billion in total recoveries in 2016. More than $3.4 billion of the 2017 recoveries came from settlements and judgments in...more

Weekly Update Newsletter - February 2018 #4

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE - Contractors on Board with Defense Department Budget Request - The defense contracting industry has had a positive reaction to President Donald Trump’s fiscal year 2019 Defense Department budget...more

Supreme Court of Canada decision broadens scope of human rights protection in employment

by DLA Piper on

In a landmark decision released on December 15, 2017, the Supreme Court of Canada determined that the British Columbia Human Rights Code protects individuals from discriminatory conduct perpetrated by employers with whom they...more

Infrastructure Series: Trump's Infrastructure Plan and the Future of Infrastructure Reform

by WilmerHale on

This is the inaugural issue of WilmerHale's 10-in-10 Infrastructure Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting infrastructure project developers in the United...more

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation. Today more than ever, however, the federal government is making use of cutting...more

Trump Infrastructure Plan Proposes Expansion of Federal Credit Programs

by Shearman & Sterling LLP on

Last week, the White House released to Congress its long-awaited infrastructure plan—a 53-page Legislative Outline for Rebuilding Infrastructure in America (the “Outline”)—to accompany its proposed Fiscal Year 2019 budget....more

DoD Continues to Interpret "Commercial Item" Broadly, Despite Recent Attempts to Narrow

by Jones Day on

The Situation: The U.S. Department of Defense has faced criticism from the Office of Inspector General and the Government Accountability Office concerning its handling of commercial item procurements. The Response: As a...more

Legal Advisor Newsletter - First Quarter 2018

by PilieroMazza PLLC on

The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more

Federal Court In Mississippi Holds That Although Projects Were Constructed With Federal Funds, They Were Not “A Public Work Of The...

by Pepper Hamilton LLP on

United States ex rel. Metro Mech., Inc. v. Triangle Constr. Co., 2018 U.S. Dist. LEXIS 1487 (S.D. Miss. Jan. 4, 2018) - Triangle Construction Company, Inc. (“Triangle”) contracted with Mississippi Portfolio Partners III,...more

A Warning for Government Contractors: Sovereign Immunity

A recent Georgia appellate court decision serves as a stark reminder to contractors on government projects that sovereign immunity, though frequently disclaimed in the contract, may limit a contractor’s ability to recover. In...more

Section 809 Panel Releases First Volume of Recommendations for the Overhaul of DoD’s Acquisition Process

by Bass, Berry & Sims PLC on

In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more

Protecting Contractors Subject to Chief Engineer Decision Clauses

by Pepper Hamilton LLP on

Most contractors have encountered a prime contract provision with a governmental agency or public authority owner where the contract states that all claims for extra costs, delay damages or the like must be presented to the...more

SBA Proposed Rule Standardizes SDVO SBC Ownership & Control Standards

On January 29, 2018, the U.S. Small Business Administration (SBA) proposed to significantly amend its regulations to standardize and clarify the ownership and control standards required for qualifying as either a...more

Weekly Update Newsletter - February 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Defense Federal Acquisition Regulation Supplement: Procurement of Commercial Items (DFARS case 2016-d006) - The Department of Defense (DOD) issued a final rule, which amended the Defense Federal...more

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