During his 2014 State of the Union address, President Obama announced that he intends to use his executive power to increase the minimum wage for federal government contractors to $10.10 per hour. The forthcoming Executive Order is expected to impose this wage increase on all new and renewed federal service and construction contracts after the … Continue Reading
On January 2, the Government Accountability Office (“GAO”) provided its annual report to Congress of bid-protest activity for fiscal year (“FY”) 2013. The primary purpose of these reports is to meet the Comptroller General’s requirement under the Competition in Contracting Act to inform Congress of each instance in which a federal agency declined to … Continue Reading
Earlier this month, the General Services Administration (GSA) launched its new reverse auction tool for commonly purchased products on certain Federal Supply Schedules (FSS). GSA’s Reverse Auction Platform — reverseauctions.gsa.gov — is designed to drive down procurement prices and increase taxpayer savings. Specifically, reverse auctions are intended to make the buying of non-complex commodities and … Continue Reading
By Lorraine Mullings Campos, Christopher L. Rissetto and Leslie A. Monahan on Posted in Government Contracts & Grants
Back in February 2012, the Obama Administration asked Congress to reform the current reimbursement formula for federal government contractor executives. Specifically, President Obama sought to cap the executive reimbursement at the same level as what the government pays its own executives – $200,000 per executive. Although last year’s request may have fallen on deaf ears, … Continue Reading
On January 4, 2013, the D.C. Circuit upheld a Department of Defense rule that probably has drug manufacturers feeling like they’re going to pay for drinks they didn’t order—but not literally, of course. In reality, the decision puts them on the hook for the partial refund of thousands of prescription drugs dating back to 2008. … Continue Reading
As discussed on Reed Smith’s Environmental Law Resource blog, the U.S. Army’s Engineering and Support Center’s (USACE) issued a request for proposals for large-scale renewable projects related to $7 billion in renewable energy contracts over the next 10 years. The USACE recently issued its fifth amendment to the request for proposals for the Army Energy Initiatives … Continue Reading
Department of the Navy On July 26, 2012, the Department of the Navy (DoN) issued a request for information seeking to identify interest and sources for a potential large scale renewable energy generation facility at Naval Air Weapons Station (NAWS) China Lake compatible with the station’s operational mission. This project will be in support of … Continue Reading
By refusing to hear arguments over whether a state can limit campaign spending by corporations, the Supreme Court refused to reconsider its decision in Citizens United v. Federal Election Commission on Monday. In a 5-4 ruling, the court struck down a century-old Montana ban on corporate political money. By doing so, the high court held … Continue Reading
Last Thursday, Defense Secretary Leon Panetta outlined the Pentagon’s plan to change the priorities of the American military and implement budget cuts accordingly. This follows from last year’s Budget Control Act, which automatically cut $1.2 trillion of defense and non-defense spending when Congress did not pass legislation to reduce the budget. The Pentagon is now … Continue Reading
This post was also written by Peter Teare and Alexandra A. Nelson. In an effort to open up the European market for defense and sensitive security products to greater international competition and transparency in its contracting processes, the EU member states have recently adopted a series of measures including the EU Directive on Defense and Sensitive … Continue Reading
First there were PACs. Then there were Super PACs. Now there are…”Mega-PACs”? One of the largest sources of controversy in the 2010 election cycle was the rise of Super PACs (also known by the Federal Election Commission’s (“FEC”) far blander name, “Independent Expenditure-Only Committees”). These Super PACs were approved in FEC Advisory Opinions 2010-09 and … Continue Reading
This post was also written by Joelle E.K. Laszlo. Full and open competition is a bedrock principle in federal contracting, so government initiatives to expand competition, like the interim rule on multiple-award schedule (“MAS”) contracts that took effect this summer, should come as no surprise. But competition breeds a lot of different things, and enhanced … Continue Reading
This post was written by Steven D. Tibbets and Lorraine M. Campos. There is a long history of federal court cases distinguishing which items of information that contractors disclose to the Government may be obtained by the public and which items may not. Currently, there is much debate regarding how well the relatively new Federal … Continue Reading
This post was also written by Steven D. Tibbets. In early 2011, Congress passed the James Zadroga 9/11 Health and Compensation Act of 2010 (“9/11 Act”). A last-minute amendment to the statute imposed a two-percent excise tax on foreign contractors to fund health benefits for 9/11 emergency responders. The tax has been much remarked-upon, but we … Continue Reading
This post was also written by Joelle E.K. Laszlo. It has been called “a steaming pile,” posited as “the worst government website . . . ever seen,” and emblazoned with two giant red thumbs pointed downward. And those were the reviews of its proponents. Just a handful of weeks after much of its content it became … Continue Reading
Just as the 2012 political races are heating up and taking shape, Judge James Cacheris of the District Court for the Eastern District of Virginia expanded the reach of Citizens United v. FEC, 130 U.S. 876 (2010), by rendering unconstitutional limits on corporate contributions to federal candidates. In the opinion, filed May 26, 2011, Judge … Continue Reading
This post was written by Lorraine M. Campos and Joelle E.K. Laszlo. When prevention of an event is impossible, preparation is the best defense. This is certainly the case for federal contractors facing an impending Government shutdown. By the time this ‘blog entry is posted, the likelihood of such a shutdown should be clearer, as … Continue Reading
This post was also written by Steven D. Tibbets. On December 3, 2010, the U.S. Department of Defense (“DoD”), issued a proposed rule that, if finalized, will increase the DoD Federal Acquisition Regulation Supplement’s (“DFARS”) requirements for contractors’ business systems. The proposed rule defines what constitutes a deficient business system and provides for withholding of payments … Continue Reading
With more than 50 years of combined experience in Federal Supply Schedule (“FSS”) contracting, we have negotiated, administered, reviewed, investigated, litigated, and testified as experts about FSS contracts. Today’s FSS contracts can last up to 20 years. It’s difficult enough to look back over the prior 10 years of a contract life and try to … Continue Reading
This post was also written by Joelle E.K. Laszlo. Federal grant awardees are about to join contractors in the transparent government revolution. Beginning in November, awardees of prime grants valued at $25,000 or more may be required to report certain executive compensation information about themselves and their subgrantees. The new reporting requirements, established under the … Continue Reading
The Public Policy and Infrastructure Practice continues to monitor the changes in the campaign finance world since the Supreme Court’s landmark decision in Citizens United v. Federal Election Commission. Citizens United reverses decades of statutory and case law that prohibit corporations from using their general treasuries to fund independent political advertising supporting or opposing candidates … Continue Reading
Being a Contracting Officer may be the most thankless job in government. Let’s just say it, it IS the most thankless job, period. Unfortunately, the government acquisition personnel are often overworked and understaffed. Earlier this year, Peter Orzag, the former OMB Director, stated that while there is more than $500 billion in federal contracts, and … Continue Reading
This post was also written by Steve Tibbets. “Major systems” are the lifeblood of large defense contractors. The long-term development and implementation of big and expensive programs – think fighter jets – are the foundation of many contractors’ business plans. Generally, contractors that design systems, buildings, or vehicles for the Government are not supposed to … Continue Reading
This post was also written by Joelle Laszlo. As we previously noted, the Supreme Court has ushered in a new dawn on corporate political spending in its recent decision in Citizens United v. Federal Election Commission, 558 U.S. ____ 2010. This decision reverses decades of statutory and case law that prohibits corporations from using their … Continue Reading
