Notable Headlines -
False Claims Act -
It used to be rare for the Supreme Court to hear False Claims Act cases. It’s a lot less rare now. On April 18, the Supreme Court heard argument concerning two Seventh Circuit...more
5/18/2023
/ Bid Protests ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
Pharmaceutical Industry ,
SBA ,
Scienter ,
SCOTUS ,
Settlement ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
Legislative Update -
Defense Federal Acquisition Regulation Supplement: Use of Supplier Performance Risk System (SPRS) Assessments (DFARS Case 2019–D009)
DoD issued a final rule amending the DFARS to update the policy...more
4/18/2023
/ Amended Regulation ,
Bid Protests ,
Centers for Medicare & Medicaid Services (CMS) ,
Contractors ,
Data Privacy ,
DFARS ,
Federal Contractors ,
Final Rules ,
FOIA ,
Legislative Agendas ,
NIST ,
Policies and Procedures ,
Privacy Laws ,
Risk Assessment
Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023)
- Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more
4/17/2023
/ Appeals ,
Bid Protests ,
Biden Administration ,
Contract Disputes ,
Contract Disputes Act ,
Contractors ,
False Claims Act (FCA) ,
Federal Contractors ,
GAO ,
Inflation Adjustments ,
Penalties ,
Suspensions & Debarments
FOIA -
Citizens for Responsibility and Ethics in Washington v. United States, No. 21-5276 (D.C. Cir. January 31, 2023)
The DC Circuit clarified what information an agency may properly withhold under FOIA’s Exemption...more
On October 18, 2022, the Eleventh Circuit Court of Appeals entered as its judgment its August 26, 2022 opinion limiting the scope of a nationwide injunction of the Biden Administration’s COVID-19 vaccine mandate for federal...more
On Friday, August 26, 2022, the Eleventh Circuit brought back to life complicated legal, management, and labor issues related to COVID-19 vaccine requirements for many government contractors. By significantly narrowing a...more
Government contractors are often faced with the dilemma of their proposed key personnel becoming unavailable for contract performance, through no fault of their own, at a point after proposal submission but prior to contract...more
On January 13, 2022, a divided Supreme Court stayed OSHA’s vaccine-or-test emergency temporary standard (ETS). Nat’l Federation of Independent Business v. Dep’t of Labor, OSHA , 595 U.S. ___ (2022). The matter came before the...more
1/17/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 7, 2021, Judge R. Stan Baker of the U.S. District Court for the Southern District of Georgia issued a nationwide injunction of the Biden Administration’s vaccine mandate for federal contractors issued on September...more
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Popular ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On December 7, 2021, Judge R. Stan Baker of the U.S. District Court for the Southern District of Georgia issued a nationwide injunction of the Biden Administration’s vaccine mandate for federal contractors issued on September...more
12/9/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 30, 2021, the United States District Court for the Eastern District of Kentucky issued an order (PI Order) enjoining the federal government from enforcing the federal contractor vaccine mandate “in all covered...more
12/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Motion To Enjoin ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
With another government fiscal year behind us, it's time to examine full fiscal year suspension and debarment data available in the System for Award Management, or SAM. As has been the case annually since the close of fiscal...more
The last two weeks have brought a flurry of activity and changes to the Safer Federal Workforce Task Force (Task Force) Guidance issued pursuant to President Biden’s Executive Order 14042 (EO). ...more
11/11/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Model Contract Clauses ,
Regulatory Requirements ,
Safety Programs ,
Subcontractors ,
Vaccinations ,
Workplace Safety
By: Sati Harutyunyan, Matthew L. Haws, Gabrielle Sigel, Emma J. Sullivan, and Joseph J. Torres The Safer Federal Workforce Task Force (Task Force) issued its much anticipated guidance to federal contractors pursuant to...more
9/27/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety