Bid Protests

Responsibility vs. Responsiveness: A Critical Difference Saves Flawed Initial BidNew Enhanced Debriefing Rule for Government ContractorsRecords in Bid Protest Become More Complete – COFC Sanctions the Government for AR Omissions

CFIUS

Impact of Government Shutdown on CFIUS ReviewsThad McBride Discusses New CFIUS RulesForeign Acquisition of U.S. Assets: Aggressive Actions Likely to Continue

Claims

Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA PositionsThe Christian Doctrine Strikes Again … To Require Performance and Payment Bonds in all Construction ContractsCOFC Decision Foreshadows VA Proposed Rule on Service-Disabled Veteran-Owned Small Business Eligibility Rules

Commercial Items

Did the Federal Circuit Just Eliminate Commercial Services?Heightened Buy American Act Requirements Are Here and More Are on the Way

Compliance

OFCCP’s New Affirmative Action Program Oversight ToolBIS Imposes Civil Fine and Compels Hiring of Compliance Official or Cease OperationsAnd … They’re Off! Contractors Race to Comply Now that the COVID-19 Vaccination Deviations Have Arrived

Construction

Advancing the “Made-in-America” MovementSubcontracts and Joint Ventures Pertaining to Construction and Engineering Firms (VIRTUAL EVENT)If You Don’t Do the Work, You Might Do Time Instead: Service-Disabled Veteran Faces Jail Time for Failing to Run Day-to-Day Operations

Ethics

Thad McBride Co-authors Article with Alcoa VP on Best Practices for Internal InvestigationsContractor Alert: New Anti-Human Trafficking RuleGovernment Contractor Reaches Global Settlement to Resolve Procurement Fraud Allegations

Events

FCPA & Anti-Corruption for the Life Sciences Industry Conference[WEBINAR] US Sanctions Update: Russia and Other Hot Topics[VIRTUAL EVENT] West Tennessee Procurement Opportunities Conference

Export - EAR

History and Trajectory of the Entity List Related to National Security Concerns[WEBINAR] Update on Export EnforcementBIS Imposes Civil Fine and Compels Hiring of Compliance Official or Cease Operations

Export - ITAR

[WEBINAR] Update on Export EnforcementExport Enforcement Update: The Importance of Commodity ClassificationExport Compliance: Challenges and Best Practices

False Claims Act

Buyer Beware: Settling FCA Allegations Costs Manufacturer $5.2 MillionGovernment Contractors Face False Claims Act Liability for Cybersecurity Non-ComplianceDOJ Expands False Claims Act Reach into Cybersecurity

Federal Acquisition Regulations (FAR)

DoD Publishes Final Rule Redesignating Contracts Previously Awarded Under FAR Part 12 Guidelines as Commercial Item Determinations (CIDs)Biden’s “Clean Energy” Directive’s Impact on Government ContractorsThe Black Hole of Protest Jurisdiction: Can I Challenge the Award of an “Other Transaction Agreement”?

Government Contracts

Recent COFC Decision on Federal Agencies’ Authority to Cancel Government Contract SolicitationsCBCA Opinion Provides Clarity on Anti-Assignment Act’s Murky “Operation of Law” ExceptionChipping Away at Trade: New Tool Could Bring Big Changes

GSA Federal Supply Schedule (FSS)

GAO Recommends Steps to Ensure VA FSS Program Remains UsefulTrends and Changes in Federal Contracting for Fiscal Year 2020April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

Import (Customs)

Tennessee Company Skirts Customs Obligations, Pays $500,000 FCA PenaltyHappy New Year: OFAC Expands Exports of Medical Devices to Iran

Intellectual Property

[VIRTUAL EVENT] Spring 2022 Small Business Innovation ConferenceSee You at GovCon Summit 2021!Force Majeure Clauses Interpretation and COVID-19

International Trade

Russia, Ukraine: Update as of August 9Chipping Away at Trade: New Tool Could Bring Big ChangesFedEx Held Liable for Act Done Unwittingly and Unknowingly

Labor & Employment

Government Contracts Labor & Employment Developments – Part 1[WEBINAR] What Was Old is New Again – Government Contractor Labor & Employment UpdatesUnion Labor or Bust! Project Labor Agreements Now Required for Large Federal Construction Projects

Mergers & Acquisitions

CBCA Opinion Provides Clarity on Anti-Assignment Act’s Murky “Operation of Law” ExceptionBuyer Beware: Settling FCA Allegations Costs Manufacturer $5.2 MillionRevisiting Private Equity Investment in Federal IT Contractors

OCI

Not Quite Good Enough: COFC Finds Agencies OCI Investigations Fall ShortBeware of Your Subcontractor’s Organizational Conflicts of Interest

Prevailing Wage Rates

DOJ's "Fairyland Damages" Calculation Rejected in Prevailing Wage Rate False Claims Act Case

Procurement Fraud

PCSF Strikes Again: Scheme to Rig Bids Results in Federal Grand Jury IndictmentAdvancing the “Made-in-America” MovementChanges Coming to the FCA? Proposed Amendments Would Impact Materiality Analysis, Government Discovery, Among Other Issues

Publications

COVID-19: What Employers Should Consider During the Coronavirus OutbreakCalling All Women-Owned Small Businesses: Self-Certify with CautionStakes for Exxon in Sanctions Case Go Far Beyond a $2 Million Fine

Sanctions (OFAC)

Russia, Ukraine: Update as of August 9Russia, Ukraine: Update as of July 7Russia, Ukraine: Update as of June 6

Security Clearances

Final Draft of NIST SP 800-171A Still Open for Comments

Size/Status Protests & Appeals

SBA OHA Clarifies Present Effect of “Indications of Interest” When Determining Size StatusSBA's All Small Mentor-Protégé Program Provides Critical Affiliation Exception for Eligible Joint VenturesEvent: 5th Annual Small Business Forum "Woman Owned Small Businesses, Breaking Through the Barriers"

Small Business Regulations and Programs

New Certification Process for Veteran-Owned Small BusinessesResponsibility vs. Responsiveness: A Critical Difference Saves Flawed Initial BidSBA Enlarges Small Business Pool through New Rule Change

Suspension & Debarment

Annual Suspension and Debarment Report Serves as a Reminder to “Turn Square Corners” When Dealing with the GovernmentSlight Decrease in FY2017 Suspensions and Debarments, but Contractors Should Take Note of the Continued High Level of ActivityWhy the Rise in Suspension and Debarment Actions?

U.S. Department of Defense

Broad Agency Discretion to Cancel Bid Solicitations Curtailed with Recent Court Decision – “The Tribe has Spoken”And … They’re Off! Contractors Race to Comply Now that the COVID-19 Vaccination Deviations Have ArrivedFederal Circuit Confirms DoD Contractor’s Expanded Restrictions on Non-Government Parties Rights in Data

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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