We will join Chuck Jenkins, CEO of CWU, Inc., to present a panel titled “Preventing a Potential Protest/Handling a Federal Contract Protest Once it is Filed” for the FPTAC at the University of South Florida on June 8, 2023.
Continue Reading Preventing a Potential Protest/Handling a Federal Contract Protest Once it is FiledNIST Releases Public Draft of Revised Guidelines Aimed at Helping Contractors Protect Sensitive Information
On May 10, the National Institute of Standards and Technology (NIST) released its initial public draft of SP 800-171, Revision 3, a set of updated guidelines aimed at helping organizations better handle confidential unclassified information (CUI) that resides on non-federal systems.
Continue Reading NIST Releases Public Draft of Revised Guidelines Aimed at Helping Contractors Protect Sensitive InformationSafer Federal Workforce Task Force Effectively Halts Federal Contractor Vaccine Mandate
On May 1, the Safer Federal Workforce Task Force (SFWTF) issued an update that the Biden administration plans to end COVID-19 vaccination mandates established under Executive Orders (EO) 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors and EO 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees.
Continue Reading Safer Federal Workforce Task Force Effectively Halts Federal Contractor Vaccine MandateFCPA Enforcement: New Corporate Enforcement Policy, Aggressive Enforcement, and Lessons Learned From Recent Resolutions
Please join us for a lively and timely discussion of recent FCPA enforcement activity on Tuesday, May 23, 2023 at 1pm ET/12pm CT.
Ninth Circuit Green Lights Contractor Vaccine Mandate
On April 19, the U.S. Court of Appeals for the Ninth Circuit reversed a permanent injunction that had enjoined President Biden’s “Contractor Vaccine Mandate,” taking an expansive view of presidential authority under the Federal Property and Administrative Services Act (FPASA).
Continue Reading Ninth Circuit Green Lights Contractor Vaccine MandateInternational Trade Enforcement Roundup – March 2023
You are reading the March 2023 edition of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox.
Continue Reading International Trade Enforcement Roundup – March 2023Recent False Claims Act Settlements in Government Contracts Cases
The government continues to prioritize fraud involving government contractors, as the Department of Justice’s (DOJ) most recent annual report on civil fraud recovery shows.
Although the majority of government recoveries are related to the healthcare industry, the government still recovered hundreds of millions of dollars in 2022 alone not related to the healthcare industry. Government contractors have faced a broad array of allegations in False Claims Act (FCA) cases, including those related to eligibility for government programs, false certifications, provision of defective products, and the receipt of kickbacks. To illustrate these areas of enforcement risk, this post summarizes recent key settlements involving government contractors.
Department of Defense to Require Contractors Proactively Provide DCMA with Export Authorizations
On March 22, the Department of Defense (DOD) issued a proposed rule that would amend the Defense Federal Acquisition Regulations (DFARS) to require certain contractors to provide the Defense Contract Management Agency (DCMA) with relevant export authorizations (i.e., export licenses, exemptions, or exceptions). Currently, contractors are only required to make their export authorizations available for DCMA personnel to review at the contractor’s site. This rule would change that by shifting the burden to federal contractors.
SBA Proposed Rule May Boost Use of Small-Business Contractors
In a recent article published by Law360, I discussed a rule proposal from the Small Business Administration (SBA) that could boost the use of small-business contractors in federal contracts.
Continue Reading SBA Proposed Rule May Boost Use of Small-Business ContractorsCompliance Considerations for Government Contractors Using Disadvantaged Business Enterprises
I recently outlined the requirements that government contractors must observe when using Disadvantaged Business Enterprises (DBEs). A DBE is categorized as “for-profit businesses which are at least 51% owned and controlled by socially and economically disadvantaged individuals.” The Infrastructure Investment and Jobs Act (IIJA) emphasizes the use of DBEs when awarding contracts and requires that prime contractors commit a certain amount of the award to DBEs that perform a “commercially useful function.” While not explicitly defined, “there is a presumption that the DBE is not performing a ‘commercially useful function’ when it performs less than 30% of the contract’s total cost with its workforce,” I explained in the article.
Continue Reading Compliance Considerations for Government Contractors Using Disadvantaged Business Enterprises