In Great Expectations, DOJ holds anti-corruption compliance programs to a high standard in evaluating their credibility, our colleagues Bill Sullivan, Nancy Fischer and Aaron Hutman discuss the U.S. Department of Justice’s (DOJ) February 8 release of a list of important topics and sample questions that the Criminal Division’s Fraud Section has frequently…
Articles Posted in Government Contracts
POTUS Executive Order “Enforcing the Regulatory Reform Agenda”
Referencing Executive Orders issued by past administrations, on February 24, 2017, President Trump issued a new Executive Order: “Enforcing the Regulatory Reform Agenda.” The Executive Order establishes new procedures and timelines by which most federal administrative agencies must conduct their regulatory planning and review. Within 60 days, the heads of…
GAO Clarifies Whether An Agency Is Required To Or May Credit An Offeror For Its Subcontractor’s Past Performance
In its recent Atlantic Systems decision, the Government Accountability Office clarified whether an agency is required or simply has discretion to credit past performance references submitted on behalf of an offeror’s proposed subcontractor. The answer: it depends on the type of procurement. For more information, read our Taking Credit for…
Brexit and the UK Government’s New Contract Approach
In Brexit and Procurement, Pillsbury partner Tim Wright discusses the UK Government’s January 23 publication of a 132-page strategy green paper—or consultation document—entitled Building our Industrial Strategy. The paper sets out the Government’s “buy British” plan aimed at helping UK-based suppliers, supply chains and infrastructure companies when bidding for public sector contracts. The paper confirms…
DCAA’s Practices Exposed, Providing Possible Leverage For Contractors
Yesterday, our colleagues James Gallagher and Glenn Sweatt published their client alert discussing a recent and important decision issued by the Armed Services Board of Contract Appeals (ASBCA) in Lockheed Martin Integrated Systems, Inc., ASBCA Nos. 59508 and 59509. The decision exposes what has been in recent years an all-too-familiar practice by the Defense…
Clarification Provided On Executive Branch Gift Rules
Recently, our colleagues Emily Erlingsson, Kathy Donovan and Anita Mayo posted their client alert discussing the amendments made by the Office of Government Ethics to the executive branch gift rules. These changes included clarifications to existing gift exceptions that are commonly used by corporations and organizations whose employees interact with federal…
2017 American Water Infrastructure Opportunities
Recently, our colleagues Michael Reese and Andrew Home posted their client alert discussing the Water Infrastructure Improvements for the Nation Act. This legislation creates new obligations as well as new opportunities for infrastructure constructors, owners/operators of public water systems and their lenders. This new legislation and related appropriations may pave the…
New Statutes Impact Bid Protests of Task Order Awards
Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to pursue bid protests of task order awards. The NDAA increases the jurisdictional threshold from $10 million to…
DIUx ~ A viable option for companies to break into the U.S. government market?
Today, our colleague Glenn Sweatt published a client alert discussion the Defense Innovation Unit (Experimental) (DIUx) relaunched in May 2016 and recent developments, including the award of more than $36 million in new contracts in FY 2016, and what is expected in the coming year. The alert is titled High-Tech Government…
Potential And Contingent Penalties Are Not Obligations Under The False Claims Act
On December 13, the U.S. Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. Jeffrey M. Simoneaux v. E. I. duPont de Nemours & Company. Reversing the district court, the Fifth Circuit held that “potential or contingent penalties” are not obligations under the…