Government Contracts MonitorEthics and ComplianceShort Take – FAR Final Rule Implements E.O. 13672 on Sexual Orientation & Gender Identity.December 15, 2015 On December 4, 2015, DOD, GSA and NASA adopted a Final Rule, effective immediately, amending the Federal Acquisition Regulation (FAR) to implement (i) President Obama’s Executive Order (EO) 13672, and (ii) the Department of Labor (DOL), Office of Federal Contract Compliance Policy (OFCCP)’s implementing Final Rule (previously discussed here). EO 13672 amends EOs 11246 and 11478 to add… Short Take – Final Rule Establishing Minimum WageDecember 7, 2015 On December 4, 2015, DOD, GSA and NASA adopted a Final Rule, effective immediately, amending the Federal Acquisition Regulation (FAR) to implement (i) President Obama’s Executive Order 13658, establishing a minimum wage for employees working on covered federal contracts and subcontracts, and (ii) the Department of Labor (DOL)’s Final Rule (previously discussed here). The Final Rule… Short Take: Another Failed Scheme Alleging Work Performed By Minority Owned BusinessNovember 30, 2015 Last week Granite Construction, Inc. (Granite), a publically traded company, entered into a non-prosecution agreement under which it will pay more than $8 million to the federal government and the Metropolitan Transportation Authority (MTA). The agreement resolves a criminal investigation into a disadvantaged business enterprise (DBE) fraud scheme perpetrated by Granite’s wholly-owned… 61-Count Indictment for Falsely Certifying Davis-Bacon Act WagesNovember 20, 2015 A recently-filed indictment highlights the substantial personal liabilities that a company principal may face if the company fails to pay required minimum wages, and particularly if the company submits false certifications to the Government as to the wages paid. U.S. v. Marcus Butler, N.D. Ohio Case No. 1:15 CR 0415. Specifically, the Department of Justice and U.S. Attorney’s Office for the… Short Take: GSA OFFICIAL JAILEDOctober 26, 2015 The Justice Department just announced that Cashman, a Building Manager for the General Services Administration (GSA), received a 4½ year sentence (16 months of which will be in custody and the balance in supervised release), for demanding and accepting bribes from government contractors and stealing property owned by the United States. Justice Department Announcement October 23, 2015. During the… Short Take – Minimum Wage Increases to $10.15 Effective January 1, 2016October 19, 2015 As you no doubt know by now, President Obama issued Executive Order 13658 on February 12, 2014, establishing a $10.10 per hour minimum wage for employees working on covered federal contracts and subcontracts, starting January 1, 2015. The Department of Labor (DOL) issued a Final Rule (previously discussed here) on October 10, 2014, and the FAR Council issued an Interim Rule on December 15, 2014… Short Take: You Can’t Buy a Federal ContractAugust 31, 2015 Sandia Corporation, a wholly-owned subsidiary of Lockheed Martin, has agreed to pay $4.8 million to resolve allegations that it violated the Byrd Amendment and the False Claims Act by using federal funds for activities related to lobbying Congress and federal agencies to obtain a renewal of its Management and Operating contract with the Department of Energy (DOE) to operate the Sandia National… Short Take: Disability Discrimination? Desist!August 10, 2015 Last week marked the 25th anniversary of the enactment of the Americans with Disabilities Act (ADA). However, National Public Radio reported that those with disabilities are twice as likely to experience poverty, in part because barriers to employment persist. The Department of Justice (DOJ) actively enforces the ADA to ensure that failure to comply with the law does not contribute… Foreign Corrupt Practices – Contractors Getting Off Too Light or DOJ Coming On Too Heavy?August 3, 2015 Since September 2011, the Department of Justice (DOJ) has tried and failed numerous times to meet its burden of proof in Foreign Corrupt Practices Act (FCPA) enforcement actions. These cases have been referred to by some as “debacles”. Perhaps that helps explain why the DOJ recently and somewhat surprisingly announced its settlement of a significant FCPA case with Louis Berger… Safety & Health Issues Threatening Your Eligibility for Award? DOL Guidance Addresses MitigationJuly 20, 2015 Last July, Executive Order 13673, “Fair Play and Safe Workplaces” required contractors to disclose certain safety violations and directed procuring agencies to consider those violations as part of the determination of whether a contractor has a satisfactory record of integrity and business ethics. It also made clear that, while each contractor’s disclosed violations are assessed on a case?by?case… Combating Human Trafficking: Do You Know What Your Employees Did Last Summer?May 11, 2015 On March 2, 2015, the Department of Defense’s Final Rule, "Federal Acquisition Regulation; Ending Trafficking in Person," available here (the Rule), became effective. Pursuant to the Rule, revised FAR 52.222-50, Combatting Trafficking in Persons, must be included in all contracts and solicitations. Although the Rule implements previous mandates, contractors must be aware of notably… Short Take - National Dialogue to Reduce Reporting Compliance CostsApril 27, 2015 The Chief Acquisition Officers Council, in conjunction with the General Services Administration (GSA) and Department of Health and Human Services, have announced a new national dialogue to discuss ideas on how to reduce the costs associated with reporting compliance under Federal awards, including contracts, subcontracts, grants, subgrants and cooperative agreements. This new dialogue will be… |
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