For bid requests issued on or after July 1, 2016, California school districts, with approval of their governing board, may procure design-build contracts for projects in excess of $1M, awarding the contract to either the low bid or the best value. The threshold currently is $2.5M. The new threshold was enacted as part…
Public works contracts awarded on or after July 1, 2016 will be subject to the more expansive definition of public works added by California Assembly Bill 219 (Daly). For purposes of Article 2 of California’s Labor Code, commencing with Section 1770, the term “public works” will include “the hauling and delivery…
In A New Cybersecurity Regime and a New Regulation to Mandate Secure Information Systems for Government Contractors, my colleague Travis Mullaney and I discuss Congress’ recent enactment of a wave of legislation to address ongoing cybersecurity threats, the Executive Branch’s recent adoption of new cybersecurity regulations, and other Federal initiatives…
In Awardee Protests: A New Horizon?, my colleague John Jensen and I discuss a new decision from the U.S. Court of Federal Claims — National Air Cargo Group , Inc., v. U.S. — that opens the door to the possibility of a bid protest by an awardee under a multiple-award indefinite…
On April 15, 2016, the Government Accountability Office (GAO) issued a proposed rule in the Federal Register that would amend its current bid protest regulations, codified at 4 C.F.R. Part 21. The proposed rule adds a degree of formality to the protest process, but overall the rule mainly codifies or…
In False Claims Act “Implied Certification” Update: Supreme Court Oral Argument Forecasts Continued Vitality of Controversial Doctrine, we, along with our colleague Danielle Vrabie, report on the recent oral argument before SCOTUS, in Universal Health Services v. United States ex rel. Escobar, No. 15-7, a case expected to resolve the current…
In Supreme Court to Hear False Claims Act “Implied Certification” Appeal, we provide a primer for the oral argument that will be heard by the U.S. Supreme Court on April 19, 2016 in Universal Health Services v. United States ex rel. Escobar, No. 15-7. The Court is expected to resolve the…
In Government Contractors Brace For Continuing Changes in Cybersecurity Regulations, my Pillsbury colleague Travis Mullaney and I caution that the federal government is making cybersecurity a top priority and government contractors should expect a number of new regulation’s, policies and standards aimed at protecting against increasingly sophisticated cyber-warfare. As the government invigorates…
In New Legislation Threatens to Further Erode Market Share of Non-Trade Union Contractors in California, Pillsbury attorneys Chris Rodriguez, Rob James, John Heisse, Andrew Bluth, and Marissa O’Connor discuss two new laws that go into effect in January 2016 that are expected to change the face of various public and…
As a result of California Senate Bill (SB) 854, all contractors have been required since April 1, 2015, to register with the California Department of Industrial Relations (DIR) to be awarded a public works contract, even if the project did not go out to bid. A mandatory renewal deadline is approaching…