On December 1, 2017, the U.S. Department of Justice announced the federal grand indictment of an army veteran for allegedly engaging in major government program fraud by using his status as a service-disabled veteran to obtain contracts set-aside for service-disabled veteran-owned small businesses (SDVOSBs), despite the fact that he did not control the management and daily operations of the company to which the contracts were awarded.
Category Archives: Government Contracts
Subscribe to Government Contracts RSS FeedChange comes to the Defense Security Service: The Transition from e-FCL and ISFD to NISS on October 30, 2017
On October 30, 2017, the U.S. Department of Defense (DoD) Defense Security Service (DSS) will complete its transition to the National Industrial Security System (NISS). The NISS will replace two predecessor systems: the Industrial Security Facilities Database (ISFD), and the Electronic Facility Clearance System (e-FCL).
McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations
On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have significant repercussions for government contractors operating information systems that house government information.
FDA and OHRP Finalize Joint Guidance on IRB Meeting Minutes
The U.S. Food and Drug Administration (FDA) and the Office for Human Research Protections (OHRP), both part of the Department of Health and Human Services (HHS), issued final joint guidance on maintaining meeting minutes for Institutional Review Boards (IRBs).
DOJ announces one of largest False Claims Act recoveries concerning U.S. Government small business programs
Last week, the Department of Justice (DOJ) announced a $16 million settlement with Virginia-based government defense contractor, ADS Inc., to resolve allegations that ADS and its subsidiaries violated the False Claims Act by submitting claims for payment under fraudulently obtained small business set-aside contracts.
NISPOM Change 2 Deadlines Coming for Cleared Contractors
As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM), a number of implementation deadlines are drawing near
“Double Dip” Effectively Approved by Center for Medicare and Medicaid Services
Last week the Centers for Medicare and Medicaid Services (CMS) issued Release No. 104 to Manufacturers and Release No. 180, which invalidated earlier agency releases addressing the treatment under the Medicaid drug rebate program of Federal Supply Schedule (FSS) purchases by Indian Health Service (IHS) facilities.
Confidentiality Agreement Rule Poses New HR-related Compliance Burden for Contractors
While contractors (and their HR departments) dodged a serious bullet with Trump’s recent invalidation of the 2016 FAR blacklisting rule, they need to be alert to a new HR-related compliance requirement as a result of a rule promulgated on the final day of the Obama Administration.
New E.O. Reinforces President Trump’s “Buy American” Agenda
On April 18, 2017, President Donald Trump signed the executive order “Buy American and Hire American” aimed at maximizing the federal government’s use of goods, products, and materials produced in the United States. The E.O. does not attempt to change existing law, but requires agencies to increase monitoring, enforcement, and compliance with Buy American Laws while minimizing the use of waivers.
It is Official: Fair Pay and Safe Workplaces Rule Comes to an End
Earlier this week, President Trump put the final nail in the coffin for the former administration’s “blacklisting” rule, officially known as the Fair Pay and Safe Workplaces Final Rule.
Congress Invalidates Controversial Fair Pay and Safe Workplaces Regulations
Earlier this week, on March 6, 2017, the Senate passed a joint resolution disapproving the Fair Pay and Safe Workplaces Final Rule (the “Rule”), which mandated contractor reporting of labor law violations, and had earned the title of the “blacklisting” rule—as those disclosures could negatively impact a company’s ability to obtain U.S. government contracts.
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
Department of Defense (DoD) Final Rule for the Defense Industrial Base (DIB) Cybersecurity Program is Effective this Week
On October 4, 2016, the Department of Defense (DoD) issued a Final Rule for DoD’s Defense Industrial Base (DIB) Cybersecurity (CS) Activities program. The rule amends the cyber incident reporting requirements and the voluntary DIB CS information sharing program in 32 CFR Part 236. It will take effect on November 3, 2016.
DoD Issues its Long Awaited Final Rule on Cyber Incident Reporting and Cloud Computing
On Friday, October 21, 2016, the Department of Defense (DoD) issued a final rule implementing changes to its December 2015 interim rule on DoD contractor cyber incident reporting and cloud computing.
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.
New GSA Sales Reporting Rule Eliminates Onerous Price Reductions Clause and Commercial Sales Practices Disclosure Requirements for Participating Contractors
On June 23, 2016, GSA published a much anticipated final rule that amends the General Services Administration Acquisition Regulation (GSAR) to implement new transactional data reporting requirements in certain GSA contracts.
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
HHS Proposes Major Changes to Federal Policy for Protection of Human Subjects
On 2 September 2015, the U.S. Department of Health and Human Services issued a long-anticipated Notice of Proposed Rulemaking to overhaul regulations that govern research on human subjects. Read More: HHS Proposes Major Changes to Federal Policy for Protection of Human Subjects