Government Contracts & Investigations

Category: 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

FAA Imposes New Security Requirement for Small Drones, Previews New Regulations for Operations Over People

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Effective February 25, 2019, all small (between 0.55 and 55 pounds) unmanned aircraft systems (UAS) are required to display the Federal Aviation Administration (FAA) registration number on the external surface of the aircraft. This is according to the FAA interim final rule: External Marking Requirement for Small Unmanned Aircraft, published on February 13, 2019. FAARead More

Topics: Aviation, Statutes and Regulations

No-Poach Agreements between Government Contractors May Violate Antitrust Laws

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A group of U.S. government contractors are being accused of entering into illegal no-poaching agreements with each other. On February 7, a putative class consisting of current and former employees filed suit against Booz Allen Hamilton, CACI, and Mission Essential alleging antitrust violations. See Hunter v. Booz Allen Hamilton Holding Corp., No. 2:19-CV-411 (S.D. Ohio).Read More

Topics: Statutes and Regulations, Subcontracting and Strategic Alliances

Wyoming Supreme Court Rules that Airport Operator Is Subject to Open Records Law

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Seeking to avoid an “absurd result,” the highest state court in Wyoming has ruled that the Jackson Hole Airport cannot refuse to produce airport-related documents by claiming that the airport is not subject to the state’s open records law: the Wyoming Public Records Act (WPRA). This decision is important for airports, governments that own airports,Read More

Topics: Aviation, State and Local Procurement, Statutes and Regulations