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Tag Archives: government contracts

Federal Circuit Acetris Decision Changes Procurement Country of Origin Landscape

On Monday, in the much-anticipated decision in Acetris Health, LLC v. U.S. 18-2399, the Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled that U.S. manufacture of a drug is sufficient to confer U.S. origin under the Trade Agreements Act (“TAA”) – regardless of the origin of its main component, the Active Pharmaceutical

Medical Device Contractor Settles FCA Allegations Based on TAA Violations

On Thursday, August 8, 2019, the Department of Justice (“DoJ”) announced that Danish medical device company Ambu, Inc. (“Ambu”) will pay $3.3 million to settle False Claims Act (“FCA”) allegations that it violated the Trade Agreements Act (“TAA”) (19 U.S.C. § 2518) by selling products to the Defense Logistics Agency (“DLA”) and the Department of

Small Business Runway Extension Act of 2018 Becomes Law: Increases Revenue Look-back Period to Five Years for Small Business Size Eligibility Determinations

On December 17, 2018, the Small Business Runway Extension Act of 2018 (“Act”) (H.R. 6330) was passed by President Trump into law. The new law amends the Small Business Act at 15 USC 632 to require that the size of a federal contractor for purposes of determining small business eligibility be measured based on the

VA and SBA Release Complementary Final Rules Updating their Veteran-Owned Small Business Regulations

On September 24, 2018 and September 28, 2018, the Department of Veterans Affairs (VA) and the Small Business Administration (SBA), respectively, released complementary final rules (VA final rule and SBA final rule) that amend the regulations governing Veteran-Owned Small Businesses (VOSBs) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). Effective October 1, 2018, the SBA’s regulations now

For Now, DoD Halts Efforts to Change Policy on Progress Payments

Deputy Secretary of Defense Patrick Shanahan announced on Monday, October 1, 2018, that the U.S. Department of Defense (“Department” or “DoD”) was withdrawing its proposal that would have made sweeping changes to the rules that govern the release of progress payments to contractors under DoD contracts. In rescinding the proposed rule, Deputy Secretary Shanahan cited

The Trump Administration Issues Its R&D Budget Priorities for FY 2020

On July 31, the Director of the Office of Management and Budget, Mick Mulvaney, and the Deputy Assistant to the President, Office of Science and Technology Policy, Michael Kratsios, jointly issued a memorandum on “FY 2020 Administration Research and Development Budget Priorities.” This is an annual document, providing overall policy guidance to the federal agencies

SBA Update: Less Than 1% Minority Shareholder Interest Could Impact Eligibility for Small Business Contract Awards

The U.S. Small Business Administration (SBA) Office of Hearings & Appeals (OHA) recently held that an entity may be affiliated with another entity solely because it holds a very small minority ownership interest (less than 1%) in that entity. OHA’s ruling is noteworthy because under the SBA’s rules, the employees or revenue (depending on the

Legislative and Regulatory Update on Federal Supply Chain Risk Management

The U.S. Government is renewing its focus on mitigating technological risks by regulating the supply chain for various goods and services. To achieve these goals, Congress and agencies have introduced, and in some cases enacted, legislation and regulations that direct agencies to identify, assess, and mitigate supply chain risks generally as well as prohibit agencies

Have you checked your bank account information on SAM recently?

The General Services Administration (“GSA”) recently announced that it is investigating fraudulent activity on the government contractor registration site SAM.gov. If you are a government contractor and do not already know about this development, then chances are your company was not one of a “limited number” of registered entities that GSA has identified as victims

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.

Law360’s Government Contracts Group of the Year Award Goes to Hogan Lovells

Law360, New York (January 13, 2015, 6:24 PM ET) — Hogan Lovells’ government contracts practice once again showed its knack for helping clients dominate tough litigation, as it guided Lockheed Martin Corp. through contentious fee litigation with Goodyear Tire & Rubber Co. and successfully maintained a concession contract for the Grand Canyon’s primary resort manager,

Contractors and Companies in the Federal Supply Chain Have an Opportunity to Prepare for the Impending, Significant Expansion of the Government’s Anti-Human Trafficking Rules

Last fall, the Federal Acquisition Regulation (FAR) Council and Department of Defense (DoD) published proposed rules to implement requirements in President Obama’s Executive Order 13627 and the National Defense Authorization Act (NDAA) of FY 2013 intended to combat human trafficking in the Government’s supply chain. These implementing rules, which have drawn extensive comments from a

DOD, NASA, and GSA Release Proposed Rule Affecting Contracts Under SBA’s 8(a) Program

On Monday, February 3, 2014, DOD, NASA and GSA released a rule proposing several substantive changes to the Federal Acquisition Regulation (FAR) provisions governing the Small Business Administration’s (SBA) 8(a) Business Development program.  See 77 Fed. Reg. 6,135.  The 8(a) Business Development program assists small, disadvantaged companies break into the marketplace by setting aside small

Recent Amendments to SBIR and STTR Policy Directives Impact Calculation of Benchmark Rates

The Small Business Administration (SBA) recently amended provisions of the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Policy Directives in response to comments that the SBA received in response to the final Policy Directives, published on August 6, 2012 (77 Fed. Reg. 46,806-46,908).  The Policy Directives provide guidance to Federal agencies

11th Circuit holds that companies may be indefinitely suspended on the basis of an indictment of an affiliate; no independent showing of wrongdoing is required

In a long awaited decision, the 11th Circuit Court of Appeals held that affiliates of Public Warehousing Company, K.S.C. (PW), which was indicted for fraud, may be suspended for periods in excess of 18 months even though they were not charged or otherwise implicated in the misconduct. Agility Defense & Government Services v. U.S. Dept.

Recent federal court decision underscores importance of thoughtfully crafting government contractor teaming agreements

In a case that could impact the enforceability of teaming agreements in both state and federal courts, the U.S. District Court for the Eastern District of Virginia recently held that a teaming agreement that, in the court’s view, amounted to an “agreement to agree” was not an enforceable contract under Virginia law.