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
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
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
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
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
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
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
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
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
As many inside the Beltway know, the Budget Control Act of 2011 imposes automatic and wide-reaching cuts if the U.S. government fails to reach an agreement on fiscal policy (commonly known as sequestration). Unless Congress acts, the President is required to order cuts of approximately $85 billion from the federal budget on March 1, 2013. … Continue Reading
This post was written by Joelle E.K. Laszlo. In a move that should surprise no one, the Councils responsible for the Federal Acquisition Regulation (“FAR”) have adopted a final rule prohibiting the award of a government contract using 2012 appropriated funds to an inverted domestic corporation or a subsidiary of one. First published in May … Continue Reading
This post was written by Joelle E.K. Laszlo and Gunjan Talati. Two bid protest decisions issued late last year have upheld the Department of Veterans Affairs’ practice of purchasing from Federal Supply Schedule contractors without the need to consider setting aside such purchases for veteran-owned small businesses, or service-disabled veteran-owned small businesses. As a result, … Continue Reading
This post was written by Gunjan Talati and Timothy Nagle. The 2013 National Defense Authorization Act (“NDAA”) became the law of the land in early January. This NDAA contains a notice requirement that follows the government trend of the past few years of being required to tattle on yourself. Specifically, the NDAA directs the Department … 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
This post was also written by Gunjan Talati and Joelle E.K. Laszlo. Guilt by association seems to be a growing trend in government contracts. Under this trend, states are starting to use their contracting authority to promote U.S. foreign policy and impose mandatory debarment for policy violators. In the latest example, companies doing business with Michigan … Continue Reading
This post was also written by Robert Helland and Gunjan Talati. Congress and the Obama Administration have driven the economy from the “Fiscal Cliff,” with the last-minute tax and spending deal that is expected to be signed into law. But it’s a Pyrrhic victory: the battle over taxes and spending will go on (and on) … Continue Reading
This post was also written by Gunjan Talati and Robert Helland. While the world did not end Friday, December 21, 2012, as some had feared, last Friday still struck terror in the hearts of many government contractors. That’s because last Friday, lawmakers and the president embarked on their recesses, leaving the budget talks unresolved, and … Continue Reading
This post was written by Andrew Bernasconi and Nathan Fennessy. As we noted previously, there has been increasing attention in False Claims Act (“FCA”) cases to whistleblowers who fail to preserve relevant evidence. Now, in a recent decision in the United States District Court for the District of New Mexico, the government has been sanctioned for its … Continue Reading
This post was also written by Andrew C. Bernasconi and Nathan R. Fennessy. In a troubling decision that could have significant implications for grant recipients, the Second Circuit recently held that the proper measure of damages in a False Claims Act (“FCA”) case against a grant recipient is the full amount of the grant, regardless of … 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
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
This post was written by Gunjan Talati. Suspension and debarment has long been a remedy available to the government to ensure that it only does business with currently responsible contractors. When a company is suspended or debarred, it is subject to a number of restrictions, primarily not being able to do business with the government … Continue Reading
