Government Contracts MonitorEthics and ComplianceNew FCPA Guidance ComingNovember 17, 2011 Assistant Attorney General Lanny Breuer recently announced that in 2012, the Department of Justice will release detailed new guidance on the Foreign Corrupt Practices Act’s (FCPA) civil and criminal enforcement provisions. In simple terms, the FCPA prohibits bribery of foreign government officials. However, in practice, FCPA compliance is anything but simple. For example, it… Contractors Performing Acquisition Functions Must Prevent Personal Conflicts of InterestNovember 9, 2011 Effective December 2, 2011, contractors and subcontractors who are performing acquisition functions will be required to identify and prevent personal conflicts of interest of their employees and prohibit employees who have access to non-public information from using such information for personal gain. This Final Rule applies to certain contracts, as well as task orders and delivery… New Pro-Union FAR ProvisionsNovember 4, 2011 On November 2, 2011, two new pro-union FAR provisions were published as final rules. First, FAR 22.1600 through 1605 and 52.222-40 – concerning Notification Of Employee Rights Under The National Labor Relations Act were finalized. See http://www.gpo.gov/fdsys/pkg/FR-2011-11-02/pdf/2011-27779.pdf. Interim regulations on the same subject were published on December 13, 2010, … “Do Not Pay” List Coming in a Few MonthsOctober 7, 2011 Contractors who are not current on their federal taxes may not get paid by the Federal Government, once the new “Do Not Pay” List is up and online. The Treasury Department is expected to release its full “Do Not Pay” List within the next few months, according to a recent internet posting from the Office of Management and Budget. This List will integrate several… Contractors ignoring the SCA and misusing the 8(a) program beware …September 7, 2011 On July 25, 2011, the United States District Court for the District of Columbia ruled that the plaintiffs in a qui tam action brought against The Kane Company (“the Company”) under the False Claims Act (“FCA”) could proceed with their suit, holding they had adequately stated a claim under the FCA and for fraud. United States ex rel. Anthony Head v. Kane Co., No. 05-317 (D.D.C. July 25,…Contracts executed and performed entirely outside the United States – CAS now applies!August 26, 2011 The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, has issued a final rule eliminating the exemption regarding Cost Accounting Standards for contracts executed and performed entirely outside the United States, its territories, and possessions. 76 Fed. Reg. 49365-49368 (Aug. 10, 2011). The new rule takes effect October 11, 2011. The overseas exemption was… OFCCP Announces Intent To Create New Data-Collection ToolAugust 17, 2011 On August 10, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued an advance notice of proposed rulemaking. 76 Fed. Reg. 49398, available at http://www.gpo.gov/fdsys/pkg/FR-2011-08-10/pdf/2011-20299.pdf. The advance notice indicated OFCCP’s desire to create new rules to collect employee compensation data from federal service or supply… Federal Contractors May Be Required to Disclose Political ContributionsMay 4, 2011 President Obama issued a draft Executive Order that will “require all entities submitting offers for federal contracts to disclose certain political contributions and expenditures that they have made within the two years prior to submission of the offer.” The contemplated disclosure will include (1) contributions made to or on behalf of federal candidates, parties or party… U.S. Department Of Labor Issues Notice Of Proposed Rulemaking Concerning Affirmative Action And Non-Discrimination Against VeteransApril 29, 2011 On April 26, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking to eliminate 41 C.F.R. Part 60-250, as obsolete, and replace the existing 41 C.F.R. Part 60-300 with new regulations. These regulations implement the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”), as amended, 38 U.S.C. §… Text Messaging While Driving Prohibited For Federal ContractorsMarch 30, 2011 Last Fall, the Federal Government enacted new regulations requiring all federal contractors to institute new policies and procedure prohibiting contractor employees from texting while driving federal government vehicles or while driving private vehicles when performing work on federal contracts. 48 C.F.R. § 52.223-18(c) states that federal contractors should adopt and enforce policies… House Passes Legislation Requiring FCPA Violators to be Proposed for DebarmentSeptember 22, 2010 Legislation approved by the House last week would require federal agencies to propose for debarment federal contractors found to have violated the Foreign Corrupt Practice Act (FCPA). The FCPA prohibits giving or offering to give anything of value to a foreign official for the purpose of obtaining or retaining business for or with any foreign government. The new legislation – the 2010 …New Rule Requires Contractors to Report Executive Compensation and Subcontractor InformationJuly 23, 2010 Effective July 8, 2010, a new interim rule requires contractors to report information about subcontract awards and the names and – of particular note – the salaries of the 5 highest-paid prime and subcontractor executives. The subcontract award information will be made publicly available at USASpending.gov, and the contractor executive compensation information will be posted to the Central… |
|
© 2024 Jackson Kelly PLLC. All Rights Reserved.