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. DOD UNVEILS STRATEGY FOR CYBER DEFENSE On April 23, Defense Secretary Ash Carter unveiled the Defense Department’s second cyber strategy to guide the development of DoD’s cyber forces, and to … Continue Reading
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. ISDC REPORTS 14 PERCENT RISE IN DEBARMENT ACTIONS On March 31, the Interagency Suspension and Debarment Committee (“ISDC”) released its report to Congress detailing an increase in the use of … Continue Reading
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
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
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
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
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
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
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
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
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
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
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
A month after the U.S. Department of Defense issued a final rule (“DoD rule”) that impacted the defense supply chain by requiring certain contractors to detect and report counterfeit electronic parts (discussed here), the Federal Acquisition Regulation (“FAR”) Council published a new proposed rule to greatly expand counterfeit reporting obligations. The proposed rule sets forth … Continue Reading
The U.S. Department of Defense (“DOD”) recently issued a final rule that will significantly impact the defense supply chain. The new rule, effective May 6, 2014, implements the provision in Section 818 of the fiscal year (FY) 2012 National Defense Authorization Act (“NDAA”) related to the use of counterfeit electronic parts in DOD products. Specifically, … 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 September 13, 2012, Rep. Jackie Speier (D-CA), along with Rep. Todd Platts (R-PA), introduced the Non-Federal Employee Whistleblower Protection Act of 2012 (H.R. 6406). This legislation is designed to reduce fraud within the government and save taxpayer dollars by expanding the whistleblower-protections covering to federal contractors, subcontractors and grantees. In its final report issued … Continue Reading
On July 19, 2012, Sen. Dean Heller (R-Nev.), along with Sen. Richard Burr (R-N.C.), introduced the Veterans Small Business Protection Act of 2012. The legislation would allow veteran small business contracting privileges to be extended to spouses and dependents of soldiers killed in the line of duty. Under current regulations, surviving spouses who inherit veteran … Continue Reading
On July 30, 2012, the new System for Award Management (“SAM”) spread its wings and launched online at SAM.gov. This new database is intended to combine numerous federal procurement systems into one new, streamlined system. Specifically, the procurement systems that will be transferred to SAM include the following: Central Contractor Registration (CCR)/ Federal Agency Registration … Continue Reading
Back in August 2011, the Department of Labor (DOL) issued a final rule providing regulations to implement Executive Order (E.O.) 13495, Nondisplacement of Qualified Workers Under Service Contracts. In May 2012, the Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a proposed rule to amend … 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
Back in 2000, Professor David C. Wyld published an initial report on the potential of reverse auctions as a government cost-saving tool. Reverse auctions enable sellers to “bid down” prices for their goods and services, and have become an increasing method for federal procurement. In his second report on the topic, Professor Wyld estimated that use of … Continue Reading
Last week, the Office of Management and Budget (“OMB”) announced that President Obama is working to breathe life back into a proposal to end federal contractor executive overpayment. According to the OMB’s blog post, the Obama administration will be asking Congress to reform the current reimbursement formula for contractor executives. The proposal will not limit … Continue Reading
