Ties that Bind: Be Careful the Person Directing Your Work Has Authority to...
We’ve warned you before against relying on informal, or oral, directives from a Contracting Officer; get it in writing! A recent case before the Armed Services Board of Contract Appeals reminds us...
View ArticleFeds Weigh in on Texting
Our last blog article focused on the ability of an SDVOSB to control his company remotely thanks to the advancements of technology. Well, technology can be both a blessing and a curse. It can allow you...
View ArticleContinuing Government Focus on Fraud Might Lead to Significant Changes in...
Suspension and debarment procedures have been a hot topic in recent years, and it appears that the issue will remain a focus of congressional debate for the rest of this year as well. On June 12, 2013,...
View ArticleFinal Rule Imposes New Small Business Subcontracting Obligations on Large...
On August 15, 2013, the SBA put into effect a long-awaited Final Rule (Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)) designed to help small business subcontractors. The Final Rule,...
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Amended Version of the SUSPEND Act Clears House Oversight Committee and Aims...
This past July, we told you about an important bill known as the Stop Unworthy Spending Act (“SUSPEND Act”). That bill, which was introduced by House of Representatives oversight committee chairman...
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Jennifer M. Horn and Maria L. Panichelli To Begin Core Construction...
Please join Jennifer M. Horn and Maria L. Panichelli as they begin their “Core Construction Curriculum” series for Women Impacting Public Policy’s Give Me 5% program. WIPP is a national nonpartisan...
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How to Effectively Team on a Federal Project
Join partners Michael Payne and Ed DeLisle at the 2015 National 8(a) Association Winter Conference in Orlando, Florida for their presentation, “How to Effectively Team on a Federal Project.” In this...
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The 4th Circuit Expands Liability Under the False Claims Act
On January 8, 2015 the U.S. Court of Appeals for the Fourth Circuit issued a decision in United States v. Triple Canopy, which broadened the reach of the False Claims Act (FCA) by embracing the theory...
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Sikorsky and its Impact on Claims Submission
In December 2014, the Court of Appeals for the Federal Circuit issued an important decision that impacts how the 6 year statute of limitations (SOL) is applied under the Contract Disputes Act (CDA)....
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Difficulty in Obtaining the Approval of an Individual Surety
In a recent decision issued by the United States Court of Federal Claims, Anthem Builders, Inc. v. United States, April 6, 2015, WL 1546437, the Court considered a protest involving the proposed use...
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Timely Documentation is Critical
In a recent decision by the Armed Services Board of Contract Appeals, Dick Pacific Construction Co., Ltd., ASBCA No. 57675 et. al., decided on December 15, 2015, the Board repeated something that has...
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Deciding Whether to File a GAO Bid Protest
The Government Accountability Office (“GAO”) issues statistics each year regarding the outcome of bid protests. In 2015, there were 2,639 cases filed and there we 587 decisions on the merits. Of...
View ArticleFederal Court Puts a Halt to “Fair Play and Safe Workplaces”
Several months ago, we summarized the issuance and implications of Executive Order 13673, known as the “Fair Play and Safe Workplaces” order. In short, the order requires federal contractors to: Report...
View ArticleSun Sets on Civilian Task Order Protests
In a recent decision, the Government Accountability Office (“GAO”) disappointingly, if unsurprisingly, confirmed that it no longer has jurisdiction to hear protests against a task order issued by a...
View ArticleProposed 2017 NDAA is a Mixed Bag for Government Contractors
Last month, we reported that the Government Accountability Office’s (“GAO”) statutory authority to hear bid protests on civilian task orders exceeding $10 million had expired, leading to a parade of...
View ArticleA New World Order?
In the wake of November’s elections, just about the only thing that Washington can agree on is a pervasive sense of uncertainty about the future, which includes the direction of government regulation....
View ArticleCongress Strikes Blow to “Fair Play and Safe Workplaces”
For the last few months, we have been following the troubled rollout of the “Fair Play and Safe Workplaces” rules, an Obama-era Executive Order that placed new requirements on contractors prohibiting...
View ArticleThe End is Near for “Fair Play and Safe Workplaces”
Last month, we outlined Congress’ plan to block the implementation of President Obama’s Fair Play and Safe Workplaces executive order. Today, we report that the prognosis has grown even more grim for...
View ArticleWhat In-House Counsel Must Know About the Revised Corporate Enforcement Policy
This article originally appeared in The Legal Intelligencer on January 02, 2018 On Nov. 29, 2017, U.S. Deputy Attorney General Rod Rosenstein announced a revised Foreign Corrupt Practices Act Corporate...
View ArticleGood News for Department of Defense Contractors: Enhanced Post-Award...
The National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 includes enhanced post-award debriefing requirements for the Department of Defense (“DoD”). This change is likely a response to the...
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