News & Analysis as of

Federal Contractors

Meeting the Definition of a Small Business Concern Checklist

by Foley & Lardner LLP on

A Checklist for existing or prospective federal government contractors to determine whether they can meet the definition of a small business concern (SBC) under the Small Business Act (SBA). This Checklist includes the...more

Important Small Business Eligibility Rules Go into Effect on May 25, 2018

The U.S. Small Business Administration (SBA) recently issued a very important, but under-the-radar, “technical correction” to its regulations pertaining to recertification of a federal contractor’s status for Multiple Award...more

Implications of the changing cost and pricing data thresholds for prime contractors and subcontractors

by Dentons on

Government contractors should explore updates to their purchasing system policies and procedures regarding subcontracts subject to Truthful Cost or Pricing Data (TCPD) and Cost Accounting Standards (CAS) requirements based on...more

Risky Business of the False Claims Act: A Business Person’s Guide

by Williams Mullen on

Lance Armstrong, cycling through France on his many Tours de France, probably never gave a moment’s thought to the False Claims Act (FCA). In that he is no different than many government contractors, subcontractors, grantees,...more

U.S. DOL Announces Two-Year TRICARE Moratorium Extension

by FordHarrison on

On May 18, 2018, the U.S. Department of Labor (DOL) issued a press release announcing an Office of Federal Contract Compliance Programs (OFCCP) Directive that extends by two years the enforcement moratorium pertaining to the...more

Patent Related Changes To Bayh-Dole Act Regulations

by Foley & Lardner LLP on

Several important changes to Bayh-Dole Act implementing regulations took effect on May 14, 2018, that will apply to funding agreements executed after that date and may apply to existing funding agreements modified after that...more

GAO Clarifies Rules For Conflict Of Interest Waiver Protests

The U.S. Government Accountability Office recently issued a decision in which it clarified the rules regarding bid protests that challenge an agency’s organizational conflict of interest waiver. As discussed below, the GAO’s...more

OFCCP Extends TRICARE Moratorium to 2021

According to a May 18, 2018, press release, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended its moratorium on enforcing the affirmative action obligations of TRICARE...more

OFCCP Extends Moratorium on TRICARE Enforcement for Two More Years

by Littler on

On May 18, 2018, the U.S. Office of Federal Contract Compliance Programs (OFCCP) issued a directive ending uncertainty as to whether efforts to audit TRICARE participants will resume in 2019 and signaling an encouraging...more

Who Are the "Key Management Personnel" for Purposes of My Company's Facility Clearance?

by PilieroMazza PLLC on

Whether a federal contractor can be cleared depends on its people. Specifically, whether a company can obtain a facility clearance (“FCL”) depends on the personnel clearances (“PCL”) of the company’s Key Management Personnel...more

DOD issues final rule regarding voluntary disclosures of defective pricing

by Dentons on

On May 4, 2018, the US Department of Defense (DOD) issued a final rule intended to provide incentives to DOD contractors to voluntarily disclose defective pricing after the award of an affected DOD contract. For DOD...more

OFCCP Announces Commitment to Training and Transparency: Can They Deliver?

by PilieroMazza PLLC on

The Office of Federal Contract Compliance Programs ("OFCCP") is a federal agency charged with ensuring that approximately 200,000 federal contractors refrain from discrimination and take affirmative action to provide equal...more

Eleventh Circuit Deepens Circuit Split on False Claims Act Limitations Period, Possibly Setting Stage for SCOTUS Decision

A recent decision from the Eleventh Circuit underscores the importance of keeping accurate records of disclosures to the federal government regarding potential non-compliance with regulations and contract requirements by...more

Massachusetts Governmental Agency May Terminate Contract for Cost Savings

Termination for convenience clauses are common in construction contracts with governmental entities and provide the government with disproportionate power over whether a contractor will be able to fully perform its contract. ...more

When the Law Comes A Callin': A "How To" For Responding to Subpoenas and Document Requests

by PilieroMazza PLLC on

Since the last Presidential election campaign began almost three years ago, there has been a significant public focus on sexual harassment, income inequality, crimes against women, public corruption, and the income gap....more

FCC Turns to ATDS, Other TCPA Issues Following D.C. Circuit Decision

by Kelley Drye & Warren LLP on

On May 14, 2018, the FCC issued a Public Notice seeking comment on a number of issues regarding the proper interpretation of the Telephone Consumer Protection Act (TCPA) in light of the recent decision by the D.C. Circuit...more

Where to Next? ACA International Decision Prompts FCC Request for Comment on Interpretation and Implementation of the TCPA

by Womble Bond Dickinson on

Comment Date: June 13, 2018 - Reply Comment Date: June 28, 2018 - As we told you in this week’s flash breaking news, less than a week after the D.C. Circuit Court of Appeals issued its mandate following the ACA Int’l...more

Alleged Environmental Violation/False Claims Act: U.S. District Court Considers Application of Implied False Certification Theory

A United States District Court (Eastern District-Pennsylvania) (“Court”) addressed a qui tam action filed by Gary Cressman (“Cressman”) under the federal False Claims Act (“FCA”) in connection with an alleged environmental...more

SBA Sneaks in Rule on Recertification

The Small Business Administration (SBA) issued a Direct Final Rule on March 26, 2018 that appears to address a specific holding of SBA’s Office of Hearings and Appeals (OHA) related to small business recertification rules. ...more

Afghanistan: Classified Contractors to Receive Financial Certainty

Since 2015, defense contractors supporting US and NATO forces in Afghanistan under classified contracts have been practically foreclosed from receiving the tax and corollary benefits intended by the Bi-Lateral Security...more

ASBCA Rejects Government’s Attempt to Dismiss Pre-Novation Claim by Successor-In-Interest

by Davis Wright Tremaine LLP on

Novations are not uncommon in Government contracting. FAR Subpart 42.12 contains standard novation language, in which the Government recognizes in part: “The Transferee by this Agreement becomes entitled to all rights,...more

UnitedHealthcare Wins Medicaid Bid Protest Case

by Alston & Bird on

On April 10, 2018, the Pennsylvania Commonwealth Court ruled in favor of our client, UnitedHealthcare, in their case against the state Department of Human Services (DHS) for violating the state’s procurement code during a...more

Board Allows Government to Add Powerful “Unclean Hands” Affirmative Defense on Eve of Hearing

by Davis Wright Tremaine LLP on

Last month, the Armed Services Board of Contract Appeals allowed the Government to amend its answer to add an “unclean hands” affirmative defense, a mere two months before the scheduled hearing date....more

Weekly Update Newsletter - May 2018 #2

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards - Columbia-based MassTech,...more

OFCCP Issues “Town Hall Action Plan” Announcing Three Initiatives

On May 1, 2018, the OFCCP issued a Town Hall Action Plan (the “Plan”). The Plan is the result of OFCCP’s “town hall meetings” held in late 2017 and early 2018, which were conducted in order to address the findings of the...more

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