Topics

Antitrust

DOJ’s New Policies Encourage Voluntary Self-Disclosure, Compensation Tied to ComplianceContractors: get ready for the new DOJ anti-trust task force!

Bid Protests

A Primer on Agency-Level Protests of Federal Procurements – Part IIA Primer on Agency-Level Protests of Federal Procurements – Part IAbilityOne Program Nonprofit Agencies Have Standing To Challenge Federal Agency Procurements That Violate Mandatory Provisions Of The JWOD Act

Buy American Act

Federal Highway Administration Rescinds Longstanding Waiver for Manufactured ProductsFederal Infrastructure Contractors: Build America, Buy America Now Mandates More Restrictive Definition of “Construction Materials” for Federal Grants and AgreementsProposed FAR Amendments to Buy American Act Increase Competition for Federal Contracts and the Supply Chain

Claims and Disputes

Dusting off the Government Shutdown PlaybookThe Difference between Differing Site Conditions and Superior KnowledgePFAS and Federal Contracting: What Contractors Should Know and Why

Compliance

The Proposed Rule to Amend FAR Guidance on Safeguarding CUI – Care to Comment?Federal Highway Administration Rescinds Longstanding Waiver for Manufactured ProductsDOJ Posts Near-Record Year of False Claim Act Settlements and Judgments

Construction Contracting

The Difference between Differing Site Conditions and Superior KnowledgeASBCA Finds COVID Mitigation is a Sovereign ActHow a reservation of rights can affect the outcome of a dispute on a government contract

Contract Administration

DOE Office of Science Adds Diversity, Equity and Inclusion Requirement to Solicitation ProcessPFAS and Federal Contracting: What Contractors Should Know and WhySet Asides Will Now Apply to Overseas Procurements

Cost Issues

Dusting off the Government Shutdown PlaybookRecent SIGAR Reports Highlight Ongoing Oversight Role“Vernon’s got prospects. He’s bona fide.” — Understanding the Covenant Against Contingent Fees

COVID-19 Pandemic

ASBCA Finds COVID Mitigation is a Sovereign ActGeorgia Court Blocks Federal Contractor Vaccine Mandate NationwideUPDATE: Federal Contractor-Specific COVID-19 Workplace Safety Guidance Issued By The Safer Federal Workforce Task Force

Cybersecurity

The Private Sector Should Heed White House Warning on Cyber Resilience Because Compliance is ComingMandatory Breach Notification Requirements for Government Contractors are Almost HereCybersecurity Focus Shifts to Energy Infrastructure

Davis-Bacon Act

New Davis-Bacon and Related Acts Regulations to Expand DOL AuthorityEgregious Davis Bacon Act Violations Can Lead To Criminal ConvictionsThe Biden Infrastructure Plan and The Davis Bacon Act

Defense Production Act

DOE Considers Using the Defense Production Act to Increase Output and Deployment of Clean Energy TechnologiesContractor FAQs on the Defense Production Act

ESG Strategy & Compliance

Government Contracting Implications of Texas Senate Bill 19: Navigating State Regulation of Corporate Firearm Policies

False Claims Act

Are the qui tam provisions of the False Claims Act unconstitutional?Avoiding the False Claims Act with Good Cyber PracticesSCOTUS Signals Likely Reversal in SuperValu, Arguments Reflect Concerns over Application to Other FCA Cases

Freedom of Information Act

OFCCP Intends to Release Contractor Provided 2016-2020 EEO-1 Data Unless Contractors File FOIA Objections to Protect Confidential InformationWhat the Lance Armstrong settlement agreement tells us about the Government’s caseThe Ninth Circuit sides with DOD on Sikorsky small business subcontract data

Funding Shortfalls (Sequestration & Shutdown)

Dusting off the Government Shutdown PlaybookAgency cannot retroactively terminate to reduce damagesCybersecurity and acquisition reforms in the FY 2016 National Defense Authorization Act

Healthcare

Husch Blackwell Launches New FCA-Themed PodcastIs Coronavirus an excusable delay?FDA breaks with SBA on small business affiliation

Intellectual Property

Will e-commerce portals replace the Federal Supply Schedules?FDA breaks with SBA on small business affiliationPostal Service sued for using "sexier" Statue of Liberty on stamp

Labor & Employment

Fourth Circuit Stays Preliminary Injunction That Blocked Key Portions of Anti-DEI Executive OrdersFederal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial PreferencesOFCCP Publishes Annual Veteran Hiring Benchmark and New Self-Identification of Disability Form

Litigation

Husch Blackwell Launches New FCA-Themed PodcastSCOTUS Signals Likely Reversal in SuperValu, Arguments Reflect Concerns over Application to Other FCA CasesPFAS and Federal Contracting: What Contractors Should Know and Why

New FAR Rules

FAR Council Publishes Update to Small Business Subcontracting RegulationsNew Proposed Rule Seeks to Implement Accelerated Payments to Small Business Contractors Across the GovernmentFederal Contractor Specific COVID-19 Workplace Safety Guidance Issued By The Safer Federal Workforce Task Force

OFCCP

White House Revokes EO 11246, Targets DEI Programs Alleged to Violate Anti-Discrimination LawsOFCCP Publishes Annual Veteran Hiring Benchmark and New Self-Identification of Disability FormOFCCP Rescinds 2020 Final Rule Regarding Religious Exemption

Organizational Conflicts of Interest

DOD's Final OCI Rules Not as Broad as Proposed

Past Performance

Is incumbency a golden ticket to strong past performance? TRICARE's $58 billion managed care support contractsContractor appeals of negative past performance evaluationsThe correlation between contractor claims and past performance

Postal Service Contracting

Transportation Companies Dominate List of Top U.S. Postal Service SuppliersContractors: get ready for the new DOJ anti-trust task force!Government contractor pleads guilty to fraud for paying drivers as independent contractors

Public-Private Partnerships

How MHPI developers can defend against class actions for environmental contaminationThe 2017 NDAA brings privatization and cost-savings incentives to TRICAREDC Circuit rules that the Davis-Bacon Act does not apply to Public-Private Partnership project

Qui tam litigation

Are the qui tam provisions of the False Claims Act unconstitutional?DOJ Posts Near-Record Year of False Claim Act Settlements and JudgmentsWhat the Lance Armstrong settlement agreement tells us about the Government’s case

Schedule Contracts

A Reminder That Bad Weather is Not Always An Excusable Delay In Federal ContractsWill e-commerce portals replace the Federal Supply Schedules?When can a contractor protest a task order at GAO?

Small Business

Set Asides Will Now Apply to Overseas ProcurementsFAR Council Publishes Update to Small Business Subcontracting RegulationsNew Proposed Rule Seeks to Implement Accelerated Payments to Small Business Contractors Across the Government

State and Local Procurement Law

Four steps to winning an Arizona bid protestWhy getting the wrong result in arbitration may be what you boughtGood faith and fair dealing puts an end to the “gotcha” in submittal review

Subcontracting

Nondisplacement of Qualified Workers Under Service Contracts – Proposed Regulations IssuedConflicting GAO and CoFC Holdings Muddy The Waters Surrounding Key Personnel And The Duty (Or Lack Thereof) To NotifyKentucky Court Blocks Federal Contractor Vaccine Mandate

Suspension and Debarment

A primer on Suspension and DebarmentThe fate of "Fair Pay and Safe Workplaces" under President TrumpHow the Supreme Court will limit False Claims Act liability for implied certification

Termination for Convenience

ASBCA Finds COVID Mitigation is a Sovereign ActTerminations for Convenience Clauses vs. Mutual Termination Clauses: What are the Limits on the Government’s Right to Terminate?Can you be forced to sign this contract modification?

Trade Agreements Act

Proposed FAR Amendments to Buy American Act Increase Competition for Federal Contracts and the Supply ChainFederal Circuit weighs in on Trade Agreements Act compliance and the meaning of “manufacture”Big changes to the Buy American Act are coming—will they matter?

Trade Secrets

Six contracting policy changes in the FY 2015 National Defense Authorization ActApplying FOIA exemptions to contractor information in FAPIISContractor political contributions as a factor in contract award decisions

Uncategorized

GSA’s Expanded Role in Purchasing of “Common Goods and Services” under Executive Order 14240Executive Order 14240 Shifts Information Technology Purchasing to GSAUnderstanding the Implications of the Temporary Pause on Federal Financial Assistance