Government Contracts & Investigations

Category: Statutes and Regulations

Managing Your Supply Chain Just Got Trickier: Interim FAR Rule Prohibiting Contracting for Telecommunications and Video Surveillance Goes Into Effect

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Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by imposing new representation and reporting requirements on contractors and their subcontractors (herein “contractors”) in the new FAR 52.204-24 Representation Regarding CertainRead More

Topics: International Procurement, Sourcing Restrictions, Statutes and Regulations

Digging into the Details of the Latest Buy American Executive Order for Federal Construction Contractors

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E.O. 13858 Reiterates the Need for Strict Application of Buy American Rules on Infrastructure Projects On January 31, 2019 President Trump issued his “Executive Order on Strengthening Buy-American Preferences for Infrastructure Projects” (E.O. 13858). The Order is a re-assertion of and expansion upon his April 18, 2017 “Executive Order on Buy American and Hire American”Read More

Topics: Acquisition Reform and Emerging Issues, Buy American Act, Construction, Contract Administration, Statutes and Regulations

FAA Announces Audit of Its Award Practices for Major Acquisition Program Contracts

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In order to operate, maintain, and modernize the National Airspace System (NAS), the Federal Aviation Administration (FAA) relies on an expansive portfolio of capital assets. Acquisition plays a key role in supporting FAA’s mission to operate the NAS and modernize air traffic control through implementation of the Next Generation Air Transportation System (NextGen). The NextGenRead More

Topics: Acquisition Reform and Emerging Issues, Bid Protests and the Contracting Process, Claims and Disputes, Statutes and Regulations

OFCCP Announces New “Voluntary Enterprise-wide Review Program”

On February 13, 2019, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) issued Directive 2019-04, “Voluntary Enterprise-wide Review Program (VERP).”  VERP is essentially an elective audit program and, while it may seem to have some appealing components, it is hard to imagine how the risk of participation would outweigh the rewardRead More

Topics: Acquisition Reform and Emerging Issues, Labor and Employment, Statutes and Regulations

SCOTUS False Claims Act Statute of Limitations Decision Looms Large

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As most federal government contractors know, the False Claims Act (“FCA”), 31 U.S.C. §§ 3729–33, can be a trap for the unscrupulous. The penalties associated with FCA violations can be steep, and the myriad other consequences (including debarment) can create an existential crisis. Government contractors would do well to pay attention to the FCA’s latest developments.Read More

Topics: Claims and Disputes, Fraud, False Claims, and False Statements, Statutes and Regulations