Government Contracts MonitorEthics and ComplianceCongressional Investigations: Responding to Congressional Information RequestsJune 28, 2010 Receipt of a congressional subpoena is a scary moment for any company. In recent years, government contractors have come under congressional scrutiny not faced by commercial contractors. Congress, in an effort to combat fraud, waste, and abuse – or simply as an act of political theater – has called upon contractors working with federal agencies to produce documents or appear in person…New Regulation Requires Contractors to Post Labor Rights NoticesMay 27, 2010 On June 21, 2010, federal agencies will begin using contract clauses requiring contractors to post new workplace notices informing employees of their rights under federal labor laws. The Department of Labor’s recent final rule implements Executive Order 13496, which President Obama issued soon after taking office. The Obama policy revoked Executive Order 13201 and reversed the… DoD Proposes Tightening Organizational Conflict of Interest (OCI) RulesMay 3, 2010 The Department of Defense (DoD) is proposing to amend its procurement regulations to “provide uniform guidance” and to “tighten existing requirements” for organizational conflicts of interest (OCI) in DOD contracts. Although the new rule implements § 207 of the Weapons Systems Acquisition Reform Act of 2009 (WSARA) (see our June 2009 post), it would apply to all non-COTS DOD… Federal Circuit Clarifies the Definition of IR&D CostsMarch 29, 2010 The U.S. Court of Appeals for the Federal Circuit recently issued a long-awaited decision clarifying the classification of costs as Independent Research and Development (IR&D). ATK Thiokol, Inc. v. United States, No. 2009-5036 (Fed. Cir. Mar. 19, 2010). In ATK, the contractor (now known as ATK Launch Systems) funded an upgrade of one of its advanced “strap on” rocket motors in the… Proposed Rule Would Place Burden on Contractors to Address Employee Personal Conflicts of Interest (PCIs)December 1, 2009 For some time now, OCIs have been a primary target for regulatory reforms, but now… PCIs? Background On November 13, 2009, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (FAR Councils) announced a proposed rule requiring contractors to take sweeping action related to personal conflicts of interest (PCIs) held by employees performing “acquisition… New “Performance and Integrity” Database to Impose Additional Reporting Requirements on Government ContractorsSeptember 11, 2009 A proposed regulation would amend the Federal Acquisition Regulation (FAR) to require government contract offerors with over $10 million in federal grants and contracts to provide information relating to criminal convictions, civil judgments and administrative proceedings directly into a new information system maintained by the government. Under §872 of the 2009 Defense Authorization Act, the…E-Verify Rule to Take Effect September 8, 2009August 31, 2009 The last hurdle before the implementation of a rule requiring federal government contractors to verify employees’ employment eligibility has been cleared. On August 25th, the U.S. District Court for Maryland rejected the U.S. Chamber of Commerce’s challenge to a regulation mandating the use of E-Verify – the Department of Homeland Security’s internet-based system that checks… Obama Steps Up to the Plate for E-Verify, Confirms 9/8/09 Start-DateJuly 10, 2009 The Obama Administration has finally and officially endorsed the rules requiring federal government contractors to use E-Verify – the previous administration’s immigration compliance system extensively covered in this blog. Originally scheduled to go into effect in January 2009, the imposition of the system has been delayed four times, most recently on June 5 to allow the Obama… Providing Care to Federal Employees May Mean Affirmative Action Plans and Additional Compliance RequirementsJuly 8, 2009 If you provide medical services to federal government employees, you may be a government contractor without knowing it. And what you don’t know can hurt you.
Most health care providers have never heard of the Office of Federal Contract Compliance Programs (OFCCP), a branch of the Labor Department tasked with enforcing federal regulations prohibiting federal contractors and subcontractors from… Congress Demands More Oversight on Major Defense Systems AcquisitionJune 18, 2009 On May 22, 2009, President Obama signed the Weapons Systems Acquisition Reform Act of 2009 (WSARA), a statute that, in the President’s words, aims to “eliminate some of the waste inefficiency in our defense projects.” The Act passed unanimously in the House and Senate. “While it is tempting to conclude that a bill so unanimously supported must not do anything,” said House Armed… E-Verify Contractor Rule Postponed Yet Again - Until September 8, 2009June 5, 2009 On June 5, the Federal government announced a further delay of the requirement that Federal contractors use the E-Verify program – DHS’ electronic immigration compliance system to confirm employees’ employment eligibility.
Formal notice of the change states that the new clause at 52.222-54, Employment Eligibility Verification, is not to be included in any solicitation or contract… Debarment for Service Contract Act Violations: Reversals are “Unusual”June 3, 2009 The Service Contract Act (SCA) imposes a three-year debarment for a contractor’s failure to pay its employees prevailing wage rates and fringe benefits specified by the Department of Labor. Because the SCA regulations impose debarment for all violations of the Act unless the contractor can show “unusual circumstances,” debarment for SCA violations is theoretically the norm, not the… |
|
© 2024 Jackson Kelly PLLC. All Rights Reserved.