Tag Archives: government contracts

New VETS Rule Changes Reporting Requirements for Government Contractors – Veterans in the Aggregate

The U.S. Department of Labor’s Veterans’ Employment and Training Service (“VETS”) recently issued a final rule altering the reporting requirements on veteran employment and hiring for federal contractors. The new rule revises the regulations implementing the reporting requirements under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”). Although the rule becomes effective October … Continue Reading

Final Rule on Whistleblower-Related Legal Costs Shows It Pays (Possibly Literally) to Comment on Proposed Regulations

On July 25, 2014, the U.S. Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) adopted a Final Rule addressing the allowability of legal costs incurred by a contractor or subcontractor defending against a whistleblowing employee’s accusation of reprisal.  The Final Rule implements a provision of the 2013 National … Continue Reading

Federal Circuit: VA May Refuse to Set Aside Contracts for Veteran-Owned Contractors

Back in 2013, we reported that the Department of Veterans Affairs (“VA”) is not required to give veteran-owned small businesses (“VOSBs”) or service-disabled veteran-owned small businesses (“SDVOSBs”) preference for all contracts.  In Kingdomware Technologies, Inc. v. United States (“Kingdomware”), the United States Court of Federal Claims accepted the VA practice of purchasing off the Federal … Continue Reading

Proposed Minimum Wage Rule May Require Adjustments by Both Contractors and the Government

On June 17, 2014, the U.S. Department of Labor issued proposed regulations to implement Executive Order 13658, which increased the federal minimum wage to $10.10 per hour beginning in 2015.  The proposed regulations cover a fairly broad cross-section of service and construction contracts and contract-like instruments, and their requirements are to be flowed down to … Continue Reading

And the Government Strikes Again: New Proposed FAR Rule To Expand Reporting of Nonconforming Items

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

Down We Go: Final Rule on Counterfeit Electronic Parts Extends Down the Supply Chain

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

Department of Energy: $4 Billion for Renewable Energy

In April, the Department of Energy announced a draft loan guarantee solicitation that could make as much as $4 billion in loan guarantees to help commercialize renewable energy and energy efficiency technologies. The loan program seeks to promote “technologies that are on the edge of commercial-scale deployment today,” according to Secretary of Energy Ernest Moniz. … Continue Reading

State-Level Procurements: You’re Not in Kansas Any More (Unless You Happen to Be Selling to Kansas)

This post was written by Joelle E.K. Laszlo. As competition for contracts with U.S. federal government agencies increases, companies that seek to maintain or increase their government sales may set their sights on states instead.  Indeed, this may already be happening: for one thing, more than 500 people attended the “How to Market to State Governments” … Continue Reading

Federal Circuit Decision Settles GAO/COFC Split on Agency’s Use of Cooperative Agreements

In March, the Federal Circuit settled a split between the Government Accountability Office (“GAO”) and the Court of Federal Claims that focused on the gray area between cooperative agreements and procurement contracts. Siding with the GAO, the appeals court ruled that the Department of Housing and Urban Development could not sidestep federal competition requirements by … Continue Reading

Changes in Regulations Now Allow Litigation Support Government Contractors To Access Sensitive Information

This post was written by Cody Roberts, Gunjan Talati and David Cohen. The government is a frequent litigant as both a plaintiff and defendant on a variety of matters at any given time. Like many other litigants, the government sometimes finds itself needing litigation support. Litigation support contractors fill that need and, because of a … Continue Reading

Are Internal Compliance Investigations Privileged? D.C. District Court Rules No

This post was also written by Joseph W. Metro. We want to alert our readers to a recent decision out of the U.S. District Court for the District of Columbia. U.S. District Court for the District of Columbia holds documents related to internal investigations of possible violations of corporate code of conduct not protected from … Continue Reading

Equal Opportunity Flowdown Changes – Coming Soon to a Contract Near You!

On March 24, 2014, the Department of Labor’s revised Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”) regulations take effect. Among various changes to the existing rules found at 41 C.F.R. Part 60-300, including establishing veteran hiring benchmarks, posting open jobs, and collecting quantitative recruiting data, federal government contractors with covered prime contracts will … Continue Reading

Help Not Wanted: Delinquent Taxpayers and Felony Convicts Still Not Sought as Contracting Partners to the U.S. Government

This post was written by Joelle E.K. Laszlo. The pool of potential competitors for federal contracts may have just gotten a little bit smaller. On February 21, 2014, the Undersecretary of Defense for Acquisition, Technology and Logistics issued a memorandum to all Department of Defense (“DOD”) contracting agencies and officers instructing that, effective immediately and … Continue Reading

Prepare for Agency Rulemaking – OMB Super Circular Overhauls Federal Grant and Funding Award Guidance

In December 2013, the Office of Management and Budget (“OMB”) released its long-awaited final guidance for grants and other Federal non-procurement awards, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” See 78 Fed. Reg. 78589. Also referred to as “the Super Circular,” this final guidance is “a key component of a … Continue Reading

Lessons Learned: 3 Important Takeaways from the Recent Boeing Termination Settlement Appeal Decision

This post was written by Erin Felix. On December 3, 2013, the Armed Services Board of Contract Appeals (“ASBCA”) issued its decision in Case No. 57409, a termination for convenience settlement appeal by the Boeing Company. The ASBCA held that Boeing’s financial recovery from the U.S. Air Force was capped by the presence of FAR … Continue Reading

Prepare for Impact – The Executive Order Increasing the Minimum Wage for Federal Government Contractors is Imminent

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

Latest Bid Protest Stats Suggest Contractors Are Seeking to Fight Only the Good Fights

  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

Department of Labor Increases Affirmative Action Requirements for Federal Contractors

Last month, the Department of Labor (“DOL”) issued two regulations that require federal contractors to employ more veterans and individuals with disabilities, updating long-existing federal laws. For over 40 years, the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRA”) and Section 503 of the Rehabilitation Act (“Section 503”) have required federal contractors and subcontractors to affirmatively … Continue Reading

Small Businesses: You Left $3.8 Billion on the Table

Give small businesses a piece of the pie. That is the thrust of the U.S. federal statutory goal of awarding 23 percent of prime contract dollars to small businesses. Unfortunately, the Small Business Administration (SBA) reported earlier this month that the federal government missed its goal again in FY 2012, earning a “B” for its … Continue Reading

Going Once, Going Twice…Sold to the Lowest Bidder

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

Trying to Put a Cap on It – Yet Again: Another Attempt to Limit Government Reimbursement of Contractor Executive Compensation

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

A Brave New World? The “French Sunshine Act” imposes online disclosure of contracts with HCPs, as well as of payments of “advantages” to HCPs, dating back to 01 January 2012

In probably one the longest-awaited decrees in recent French regulation, the French Ministry of Health published on 22 May 2013, the application decree to the French Sunshine Act (dated 29 December 2011) implementing the specific ways and means that health care companies must disclose agreements with health care practitioners (“HCPs”), a term that includes medical … Continue Reading

High-Profile Fraud Reinforces Need for Adequate Compliance Programs

This post was written by Gunjan Talati. On April 1, 2013, the Federal Times covered the story of how an Army Corps of Engineers contracting officer committed fraud to the tune of $30 million. The fraud was simple: contractors submitted fake invoices and the Army Corps—through the contracting officer—paid those invoices. In turn, the contractors … Continue Reading

Playing On Uncle Sam’s Time: Federal Grant Sanctions Triggered By Game Playing Employees

This post was also written by Stephanie E. Giese. In the Age of Solyndra, adherence to Federal grant requirements is a necessity like never before. Concerns with transparency, misuse of Federal money, program failures, and political embarrassment, all combine to maximize the need for a thorough understanding of grant terms and requirements, and what to do when compliance looks … Continue Reading
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