Government Contracts MonitorEthics and ComplianceE-Verify Contractor Rule Postponed for Third Time – Until June 30, 2009April 21, 2009 On April 16, the Federal government again delayed 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 was issued in the Federal Register the next day, making clear that the new clause at 52.222-54, Employment Eligibility Verification, is not to be… Recovery Act’s New FAR Clauses Add Complexity to Buy American Compliance for Construction FirmsApril 21, 2009 On March 31, 2009, the Federal Acquisition Regulation (FAR) Councils unveiled interim “Buy American” regulations and FAR clauses applicable to construction projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA/Recovery Act). The clauses implement ARRA §1605 – the controversial provision Congress inserted into the Recovery Act to prohibit the use of non-US… New Regulations Control Procurement of Stimulus Funds ImmediatelyApril 1, 2009 On March 31, 2009, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (“Councils”) agreed on and implemented interim rules, effective March 31, 2009, amending the Federal Acquisition Regulation (“FAR”) in response to the American Recovery and Reinvestment Act (“ARRA” or “Stimulus Bill”). Specifically, the regulations… New Whistleblower Protections for Employees of Government Contractors and State and Local GovernmentsMarch 13, 2009 The economic stimulus bill that was passed by Congress on February 12, 2009 (the American Recovery and Reinvestment Act of 2009, “ARRA”) includes new whistleblower protections introduced by Sen. Clair McCaskill (D-MO) to prevent fraud in the use of stimulus funds (“McCaskill Amendment”).
Stimulus\' Buy American Provision Raises Compliance Challenges for ContractorsFebruary 18, 2009 The much-criticized "Buy American" provision of the $700 billion+ American Recovery and Reinvestment Act (ARRA) imposes domestic-sourcing requirements that may appear familiar to consturction companies currently holding government contracts. In reality, however, firms may need to reevaluate their compliance programs in response to stringent new requirements. Section…Congress Amending the False Claims Act to Redress the Impact of the Supreme Court\'s Ruling in Allison EngineFebruary 5, 2009 The Fraud Enforcement and Recovery Act of 2009 (FERA), (for more information), proposes significant changes to federal criminal law, including amending the False Claims Act (FCA) to clarify that Congress’ “original intent” was to extend the Act to any false or fraudulent claim for government money or property, whether or not the claim is presented to a government official or… E-Verify On Hold, AgainJanuary 28, 2009 Incoming Department of Homeland Security (DHS) Secretary, Janet Napolitano, today announced that federal contractors will not be required to use the E-Verify program – DHS’ electronic immigration compliance system – until (at least) May 21, 2009. As originally planned, all contracts entered into after January 15, 2009 were to include a clause requiring contract recipients to run… USCIS Pushes Back Start Date for Mandatory E-Verify UseJanuary 12, 2009 In an apparent reaction to a lawsuit challenging the legality of the new E-Verify regulation, the U.S. Citizenship and Immigration Service (USCIS) has postponed by more than a month the requirement that federal contractors and subcontractors use the E-Verify system to confirm employment eligibility of certain employees. See the USCIS statement here.
The rule was originally to go into effect… Government Contractors will be Required to use E-Verify to Confirm the Employment Eligibility of all Employees and all New HiresNovember 25, 2008 In the waning days of the Bush Administration, the federal government amended the Federal acquisition Regulations ("FAR") to impose new obligations on the federal government contractors to electronically verify their employees' eligibility to work in the United States. The rule mandates the use of a new contract clause requiring that covered contractors use the E-Verify system for employees…Government Contractors to Face Tough New Mandatory Disclosure RequirementsNovember 25, 2008 Effective December 12, 2008, government contractors and subcontractors will be required to self-disclose “credible evidence” of certain violations of criminal law, violations of the civil False Claims Act, and significant overpayments on government contracts.
Background “There is no doubt that mandatory disclosure is a ‘sea change’ and ‘major departure’ from voluntary disclosure.” – FAR… |
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