Archives: Government Contracts & Grants

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GSA Faces Push-Back on Proposed Rule Eliminating PRC

Reed Smith attended last Friday’s General Services Administration’s (GSA) public meeting on the proposed Transactional Data Reporting rule. GSA’s proposed rule would eliminate the Price Reduction Clause (PRC) in favor of transactional data reporting. We previously blogged about the parameters of the proposed rule here. GSA held this meeting in the hopes of opening dialogue … Continue Reading

Raising the Bar: New Report Shows an Increase in Suspension and Debarment Actions

On March 31, 2015, the Interagency Suspension and Debarment Committee (“ISDC”) released its report to Congress detailing federal suspensions and debarment actions for fiscal year 2014. From 2013 to 2014, federal agencies in aggregate increased their use of exclusion actions. The number of persons and entities proposed for debarments jumped from 2,229 to 2,241, and … Continue Reading

Reed Smith’s Government Contracts Weekly Rundown

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for Monday. 1. 6TH CIRCUIT REVERSES $657M FCA JUDGMENT Last week, the Sixth Circuit found that the government failed to adequately prove damages against United Technologies Corp and reversed the $657 million judgment against … Continue Reading

Reed Smith’s Government Contracts Weekly Rundown

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for this week. 1. SEC MESSAGE TO GOVERNMENT CONTRACTORS, DON’T LIMIT WHISTLEBLOWING On April 1, the Securities and Exchange Commission (“SEC”) settled its first enforcement action against a company for violating whistleblower protections by … Continue Reading

SEC Message to Government Contractors: Don’t Limit Whistleblowing

On April 1, the Securities and Exchange Commission (“SEC”) settled its first enforcement action against a company for violating whistleblower protections by including restrictive language in confidentiality agreements used in its internal investigations. The SEC charged a Houston-based government services contractor with violating whistleblower protections codified in section 21F of the Securities Exchange Act. Rule … Continue Reading

DOE to Award 12 Contracts Totaling $55 Billion

The U.S. Department of Energy (DOE) intends to award up to 12 indefinite delivery, indefinite quantity (IDIQ) contracts, including two awarded to small businesses, with a total contract celling of $55 billion. The DOE released Request for Proposals (RFP) on March 23, 2015 for the implementation of energy savings performance contracts (ESPCs) at any U.S. … Continue Reading

Reed Smith’s Government Contracts Weekly Rundown

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for Monday. 1. ACCESS TO SOLICITATION DOCUMENTS = CONFLICT OF INTEREST The Court of Federal Claims upheld the VA’s decision to cancel a contract award, agreeing that the contractor’s access to solicitation documents created … Continue Reading

Reed Smith’s Government Contracts Weekly Rundown

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for Monday. 1. DOWNLOADING OS DOES NOT “SUBSTANTIALLY TRANSFORM” LAPTOP U.S. Customs and Border Protection issued a final determination, finding that downloading an operating system into a laptop that was manufactured and assembled in … Continue Reading

Reed Smith’s Government Contracts Weekly Rundown

1. COMMERCIAL CONTRACTING RULES APPLY TO FEDERAL SUPPLY SCHEDULES On Tuesday, March 10, 2015, the Court of Appeals for the Federal Circuit reversed and remanded a decision by the Court of Federal Claims, which permitted the Centers for Medicare and Medicaid Services (“CMS”) to include contract clauses that deviated from federal government commercial contracting rules. … Continue Reading

The Big Bad Price Reduction Clause Might Be On Its Way Out: GSA Proposes New Rule Replacing Customer Tracking Requirements With Price Paid Reporting Requirements

Government contracting is not for the faint of heart when it comes to compliance woes. Private companies looking to do business with the government face a regulatory maze so great that it may inspire references to Greek mythology, labyrinth and all. Few contract clauses reflect this sentiment of compliance pitfalls better than the General Services … Continue Reading

FAR Part 12 Applies to CMS Orders on Federal Supply Schedule Contract

On Tuesday, March 10, 2015, the Court of Appeals for the Federal Circuit reversed and remanded a decision by the Court of Federal Claims, which permitted the Centers for Medicare and Medicare Services (CMS) to include contract clauses that deviated from federal government commercial contracting rules. By doing so, the Court of Federal Claims held … Continue Reading

FinCEN Targets Community Bank – $1.5 Million Penalty for Failure to File Suspicious Activity Reports

On February 27, 2015, the Financial Crimes Enforcement Network (“FinCEN”) announced a $1.5 million civil penalty against the First National Community Bank of Dunmore, Pennsylvania (“FNCB”), arising from FNCB’s admission that it violated the Bank Secrecy Act (“BSA”) by failing to detect and report suspicious financial transactions. The penalty is concurrent with a $500,000 penalty … Continue Reading

Reed Smith’s Government Contracts Weekly Rundown

Spring forward with a rundown of last week’s top developments related to government contracts. 1. Proposed Rule to Change Price-Reduction Clause The General Service Administration (GSA) proposed a new rule to change the basis of award monitoring requirement of the existing price-reductions clause, resulting in a burden reduction for participating FSS contractors. 2. OFPP Takes … Continue Reading

Reed Smith’s Government Contracts Weekly Rundown

In case you spent last week (this morning) dealing with winter weather instead of reading the latest and greatest in the realm on federal contracting, here is a rundown of last week’s top developments related to government contracts, to get you back on track and ready for Monday. 1. Senate Passes “Clean” Spending Bill To … Continue Reading

Final Rule on Human Trafficking Prevention Set to Take Effect and Require Additional Compliance Actions for Certain Contractors

Starting the first week of March , federal contractors will be subject to new prohibitions and obligations related to human trafficking. These new requirements stem from a final rule issued January 29, 2015, that significantly strengthens the Federal Acquisition Regulation’s (FAR) existing provisions to prevent trafficking in persons. The new rule goes into effect March 2, … Continue Reading

How ‘FAR’ We Have Come: Looking Ahead to What 2015 May Bring in Federal Procurement Policy

The Office of Federal Procurement Policy (“OFPP”) is now under new leadership. Confirmed by the Senate in September, Anne Rung will take on the job of managing the federal government’s acquisition policy. Prior to her most recent appointment, Rung held the position of General Services Administration chief acquisition officer and associate administrator of governmentwide policy. … Continue Reading

FY 2015 Ebola Federal Funding: Congressional Increases and Program Support

FY 15 Omnibus spending legislation sent to the President for signature. This past weekend, the Senate finished work on an omnibus spending bill, Consolidated and Further Continuing Appropriations Act, 2015 (“Act”), which funds most of the federal government for the remainder of FY 15. The House of Representatives passed this legislation last week and it … Continue Reading

Change Has Come: OFCCP Publishes Final Rule Implementing Executive Order Prohibiting Federal Contractors from LGBT Discrimination

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule today, implementing Executive Order (“EO”) 13672, signed by President Obama July 21, 2014. Before EO 13762, federal contractors were only prohibited from discriminating against employees on the basis of race, color, religion, sex and national origin. EO 13762 now … Continue Reading

Highest-Level Who? What Contractors Need to Know About the New FAR Provisions Requiring the Disclosure of Immediate and Highest-Level Ownership

Back in May, a final rule issued by the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) imposed new disclosure requirements on federal contractors. Contractors will now be required to disclose whether they are owned or controlled by another business entity during their System for Award Management (SAM) … Continue Reading

Paying More: New Final Rule Implementing Federal Minimum Wage for Contractors

On October 7, 2014, the Department of Labor (“DOL”) published its Final Rule, 79 Fed. Reg. 60633, implementing Executive Order (EO) 13658’s new minimum wage requirements for government contractors and subcontractors. While addressing the nation in the January 2014 State of the Union Address, President Obama stated his intention to issue an EO that would … Continue Reading

From Epidemic to Bioterrorism: Mitigating Contractor Risks in a Worst-Case Scenario

While the current Ebola outbreak is a natural epidemic, the idea that the virus could be used as a bioterrorist threat has been considered. Accordingly, the potential for obtaining Department of Homeland Security (DHS) Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act) protection for products or services related to fighting the Ebola … Continue Reading

Opportunity for Government Contractors to Develop Ebola Countermeasures

The Ebola epidemic in West Africa is the worst medical outbreak of the disease in recorded history. Currently, there are no treatments or vaccines proven to be safe or effective for the Ebola virus, and investigational vaccines and treatments are only in the early stages of development. As such, the primary approach to containing the … Continue Reading
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