Podcast - FOCI Mitigation: SSAs, SCAs and Proxy Agreements
Podcast - Discussing a DOJ Lawsuit Under the Civil-Fraud Initiative
Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector
DE Talk | If It’s Not in Writing, It Never Happened: Applicant Tracking & Recordkeeping Strategies to Ensure OFCCP Compliance
Podcast - Cybersecurity Roundup: Analyzing New and Proposed Rules for Contractors
Understanding FOCI Mitigation
Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
False Claims Act Insights - If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes
Build America Buy America What is it? How to qualify.
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
Work This Way: A Labor & Employment Law Podcast - Episode 26: Compensation Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
An In-Depth Overview of the DCSA
Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)
DE Under 3: Retirement of “Chevron Doctrine” Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules
Legal Alert | Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage
Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
Common Scenarios Triggering False Claims Act Violations, Part 1: Gov. Contracts and Cybersecurity
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
To prove a False Claim under the False Claims Act (FCA), the government or relator must establish three elements: 1.Falsity; - 2.Knowledge; and - 3.Materiality. In this blog post, we will explore the Falsity element. ...more
The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price task order. ASBCA No....more
Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and...more
On April 18, the Supreme Court heard oral argument and what has been billed as the most important False Claims Act (FCA) case in a decade. Since the FCA was enacted in the Civil War era, it has been the primary tool for the...more
Traditionally, many federal contracts contain tax exemption provisions relating to state sales and use taxes being charged against the purchase and inclusion of materials and equipment to be incorporated into federal...more
Scenario 1: A pharmacy chain hires a value consultant to review its Medicare and Medicaid billing practices for ways to optimize the coding of drug reimbursements to maximize profits. Drugs that had historically been charged...more
The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more
Update: This article has been updated to reflect the Federal Circuit’s affirmation of the CBCA’s Pernix Serka decision and additional developments in the Government’s ongoing COVID-19 response...more
The Government Accountability Office (“GAO”) recently sustained a protest in the matter of Vectrus Mission Solutions Corporation; Vanquish Worldwide, LLC where an agency improperly adjusted an offeror’s proposal price upward...more
Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more
In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines, manufacturers and other industry stakeholders have an accessible avenue open to them for pursuing...more
In JAAAT Technical Services, LLC, the Armed Services Board of Contract Appeals (ASBCA) addressed the breadth of application of the Severin doctrine, which restricts a prime contractor's ability to file claims on behalf of a...more
Congress passed a continuing resolution that extends the authorization for agencies to reimburse contractors under Section 3610 of the CARES Act until December 11, 2020. Unless agency-specific guidance states otherwise,...more
WHAT: Congress voted to extend Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which authorizes (but does not require) agencies to reimburse contractors for the cost of paid leave incurred...more
A top-of-mind issue for contractors right now is whether Section 3610 of the CARES Act will expire on September 30, as it is currently set to do. Section 3610 authorizes reimbursement of certain contractors who are unable to...more
Recently, the Defense Pricing and Contracting (“DPC”) unit under the Secretary of Defense issued draft implementation guidance for Department of Defense (“DoD”) contracting officers tasked with assessing contractor requests...more
The coronavirus (COVID-19) epidemic has caused hardship to many employers and employees and is likely to continue to do so in the near future. In response, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES...more
Section 3610 (“Federal Contractor Authority”) of the CARES Act, signed into law on March 27, 2020, provides U.S. contracting agencies with discretion to modify the terms and conditions of government contracts to allow for...more
To further assist the contractor community with the effects of the unprecedented Coronavirus Disease 2019 (COVID-19), the U.S. Department of Defense (DoD) issued on April 8, 2020 a Class Deviation authorizing contracting...more
Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the...more
On March 25, 2020, the Senate passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act, (CARES Act), by a vote of 96 to 0. This rescue package will now be considered by the House, which, according to the...more
Contractors whose protests result in the challenged agency’s taking corrective action may attempt to recover their protest costs, particularly when they feel that the corrective action was unduly delayed....more
Report on Research Compliance 17, no. 3 (February 20, 2020) - Despite its earlier agreement to repay just $5,442 in costs questioned by the National Science Foundation (NSF) Office of Inspector General, the University of...more
The Department of Defense (DoD) will establish uniform cybersecurity compliance standards for its defense contractors; and may permit contractors to treat as allowable, and therefore reimbursable, the costs of bringing their...more