Government Contracts & Investigations

DC Circuit Sets FCA Offset Standard to Limit What the Government Can Recover in USA v. Honeywell International Inc.

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The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment.  Under the FCA, contractors that falsely certify their compliance with contract specifications can be assessed a civil penalty for each false claim in addition to treble damages.  In USA v. HoneywellRead More

Topics: Fraud, False Claims, and False Statements

OFCCP Revises Directive on Pay Equity Audits / Compensation Analysis

On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Equity Audits.” The revised Directive states that in order to determine that a contractor has satisfied its obligation to conduct a compensation analysis under 41 CFR § 60-2.17(b)(3), OFCCP requiresRead More

Topics: Labor and Employment

Growing Issue of Inflation in Government Contracts Supply Chain Leads to DoD Clarification on Potential for Relief

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Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance.  Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a force majeure, or government imposed contract change, the contractor is stuck with the benefit or lack of benefit of theRead More

Topics: Contract Administration, Supply Chain Risk Management

SEC Issued Proposed Rule on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

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Increasingly, the Federal government implements a rule for government contractors which then makes its way in some form into all of US industry.  Cybersecurity regulations, mandating that government contractors, grant and agreement holders, and their subcontractors, maintain certain security controls and report on cyber incidents, have been in effect for a number of years.  Indeed,Read More

Topics: Cyber, Data Security, and Privacy

OFCCP Adopts Two New Directives On Compliance Evaluations and Pay Equity Audits

Effective Compliance Evaluations and Enforcement On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal employment opportunity laws. The new directive, DIR 2022-02, Effective Compliance Evaluations and Enforcement, provides updated guidance on agency compliance evaluation policies and expectations for governmentRead More

Topics: Labor and Employment