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Category Archives: Government Contracts

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House of Representatives Moves to Invalidate Controversial Fair Pay and Safe Workplaces Regulations

In a move that likely was welcomed by Federal contractors, earlier this month, the House of Representatives passed a joint resolution under the Congressional Review Act (“CRA”) disapproving the Fair Pay and Safe Workplaces Final Rule (“the Rule”) that unless overturned will, among other things, institute new disclosure requirements and standards for reporting labor law violations

EEOC Revises Contractor Pay Reporting Rule

Today, the U.S. Department of Labor’s Equal Employment Opportunity Commission (EEOC) revised an earlier proposed rule that would require that federal contractors report pay data. The original proposed rule, published in January 2016, expanded the content of the annual EEO-1 report, requiring contractors with more than 100 workers to provide pay data on race, ethnicity and gender, as we explained in our summary.

NSF and NASA Remind Grantee Institutions to Comply with Title IX

On January 25, the National Science Foundation issued a statement to remind the 2,000 colleges, universities, and other institutions that receive NSF funding that NSF requires its awardees to comply with Title IX of the Education Amendments Act of 1972, which prohibits educational funding recipients from engaging in sex discrimination, including sexual harassment and gender violence.

NSF’s statement, which follows multiple recent reports of sexual harassment in the science community, “reiterates [NSF’s] unwavering dedication to inclusive workplaces. NSF does not tolerate sexual harassment and encourages members of the scientific community who experience such harassment to report such behavior immediately.” NSF also encouraged NSF-funded researchers and students to “hold colleagues accountable to the standards and conditions set forth in Title IX, and to inform their institutions of violations.” NSF directs people who experience or witness harassment to contact their Title IX Coordinator or NSF’s Office of Diversity and Inclusion.

DoD Amends its DFARS Safeguarding and Cyber Incident Reporting Requirements with a Second Interim Rule

On December 30, 2015, effective upon publication, the U.S. Department of Defense (DoD) published a three-page interim rule revising its earlier August 2015 interim rule on Safeguarding Covered Defense Information. 80 Fed. Reg. 81,472 (Dec. 30, 2015), available here. See our previous analysis of the original August 26 rule here. Comments on this new interim rule

Recent Updates to DFARS Cybersecurity Rule

Over the past month, there have been a number of developments affecting the new DFARS Network Penetration Reporting and Contracting for Cloud Services interim rule (DFARS Case 2013-D018, published in the Federal Register on Wednesday, August 26, 2015, available here). See our previous analysis of the rule here. On Wednesday, November 18, 2015, DoD published

New HHS OIG Work Plan Indicates Focus on Subrecipient Monitoring

The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently released its Work Plan for Fiscal Year 2016. The Work Plan discusses OIG’s anticipated reviews and audits of HHS programs and operations over the coming year. As is typical, the FY 2016 Work Plan includes many items of interest to recipients

FCC Considers TCPA Exemption for Calls Made by or on behalf of Federal, State, and Local Governments

On September 29, 2015, the Federal Communications Commission (FCC) released a Public Notice seeking comments on the Broadnet Teleservices, LLC (Broadnet) petition asking the FCC to declare that the Telephone Consumer Protection Act (TCPA) does not apply to calls made by or on behalf of federal, state, and local governments, when such calls are made

SBA May Allow Prime Contractors to Receive Credit for Small Business Subcontracts, To Impose Subcontractor Monitoring Requirements

Ogechi Achuko, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. On October 6, 2015, the Small Business Administration (SBA) released a Proposed Rule [1]/ that allows prime contractors to count lower-tier subcontracts at all levels toward their small business subcontracting goals. While this would be a welcome change for many prime contractors,

USAID Implements New Grant Regulations, Clarifies Applicability to Foreign and For-Profit Awardees

Hogan Lovells Government Contracts Associate Ogechi Achuko contributed to this post. On 17 September 2015, USAID finalized its regulatory supplement to the OMB “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, often referred to as the Uniform Guidance.  USAID’s regulations largely are consistent with the OMB Uniform Guidance at 2 CFR part

Hogan Lovells Issues Sponsored Research Alert on Proposed Changes to Federal Policy for Protection of Human Subjects

Hogan Lovells has issued a Sponsored Research Alert outlining a Notice of Proposed Rulemaking (NPRM) issued by the U.S. Department of Health and Human Services (HHS) that seeks to amend the U.S. Government’s policy on protection of human research subjects.  As the Alert describes: The NPRM would substantially change, in several respects, the regulatory framework with which universities and research

Pending Proposals and the Purchase or Sale of a Government Contractor: What are the Bid Protest Risks?

Those involved with the purchase or sale of a government contractor should take note of a recent GAO protest decision overturning the award of a $210M contract because the agency failed to address the fact that the awardee’s proposal substantially relied upon the past performance, corporate experience, and resources of the awardee’s former parent company. As

Hogan Lovells Publishes Government Contracts Alert on Fair Pay and Safe Workplaces Proposed Rule and Guidance

On July 8, 2015, Hogan Lovells issued a Government Contracts Client Alert on the Obama Administration’s Proposed Rule and Guidance that would amend the Federal Acquisition Regulation (FAR) to implement Executive Order 13673, the “Fair Pay and Safe Workplaces” Executive Order.  Among other things, the proposed rule would require contracting officers to consider a contractor’s

Supreme Court Strikes Down Wartime Tolling of Civil Fraud Claims, While Affirming First-to-File Reinstatement for Civil False Claims Act Cases

Offering a mixed bag for federal contractors, on May 26, 2015, the Supreme Court of the United States unanimously overturned the Fourth Circuit’s decision in United States ex rel. Carter v. Halliburton Co., 710 F.3d 171 (4th Cir. 2013) that the Wartime Suspension of Limitations Act (WSLA) could be used to toll the statute of

GSA Holds Public Meeting to Discuss Proposed Rule to Eliminate the Price Reductions Clause

The General Services Administration (GSA) held a public meeting on Friday, April 17, 2015, to discuss its recently proposed rule that, if implemented, would do away with the Price Reductions Clause (PRC) and replace it with a requirement that vendors report their pricing and other transactional data for covered government sales on a monthly basis.

The Sixth Circuit in United Technologies Corp. Requires Government to Prove Actual Loss for False Claims Act Damages

The Department of Justice and qui tam relators were dealt another blow regarding how damages are calculated in False Claims Act (FCA) cases. In an FCA case involving allegations of defective pricing, the U.S. Court of Appeals for the Sixth Circuit in United States v. United Technologies Corporation overturned the lower court’s award of $657

New Labor-Related Executive Order for Federal Contractors On the Horizon?

On April 15, 2015, the Congressional Progressive Caucus held a forum renewing their request for President Obama to issue another Executive Order related to labor policies governing Federal Contractors.  Specifically, the CPC is asking the President to issue an Executive Order giving “preference” to federal contractors who pay workers at least $15 an hour and

Debarments Continue to Rise

Federal agency debarments rose almost 14% in Fiscal Year (FY) 2014 according to an annual report recently published by the Interagency Suspension and Debarment Committee.  The jump from 1,696 debarments in FY 2013 to 1,929 debarments in FY 2014 continues a five-year trend in which the number of annual debarments has almost doubled. The large

GSA proposes to require monthly reporting of transactional data and establish a pilot program to exempt certain products and services from the Price Reductions Clause

Last month, the General Services Administration (GSA) published a proposed rule that, if finalized, would do away with one of the most burdensome compliance requirements posed by Federal Supply Schedule (FSS) contracts.1 Specifically, through the proposed rule, the GSA seeks to modify the Price Reductions Clause (PRC) 2 to exempt from its application certain contracts,

Developing, Marketing, and Enforcing Intellectual Property in the Federal Market: Lessons from Liberty Ammunition

A decision recently released by the U.S. Court of Federal Claims represents both a victory and a cautionary tale for innovators aiming to develop and sell technology to the Federal Government. Liberty Ammunition, Inc. v. U.S., 2014 WL 7465773, (Fed. Cl. Dec. 19, 2014, reissued Dec. 31, 2014). In Liberty Ammunition, the Court awarded compensation

SBA Releases Proposed Rule Implementing Substantial Changes to the Limitations on Subcontracting Restriction

Ogechi C. Achuko, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. On December 29, 2014, the Small Business Administration (SBA) released a proposed rule implementing the National Defense Authorization Act (NDAA) of 2013, which reforms numerous aspects of the SBA regulations, including the limitations on subcontracting rule, affiliation principles, and the