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Category Archives: Legal Developments

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Not Our Problem: ASBCA Has No Say in Prime-Sub Sponsorship Dispute

Posted in Legal Developments
In Appeal of Binghamton Simulator Co. (ASBCA, Aug. 21), the board held that it had no jurisdiction to hear a subcontractor’s appeal in which the prime contractor declined to sponsor the sub’s appeal. Despite the subcontractor’s argument that the terms of its subcontract required the prime contractor to sponsor the appeal, the board held that … Continue Reading

Primer on the New “Fair Pay and Safe Workplaces” Executive Order

Posted in Legal Developments
On September 3rd, I had the pleasure of presenting on the “Fair Play and Safe Work Places” Executive Order (previously discussed here and here) at the Professional Services Council’s Labor Policy Committee Meeting. This EO, along with several other EOs focused on labor law compliance, is garnering significant attention in the contracting community. Hat tip to … Continue Reading

DoD and NASA Propose New Rule for Uniform Line Item Identification Structure in Gov’t Contracts – Comment Period Ends October 6th

Posted in Legal Developments
DoD, NASA, and the GSA have proposed a new rule that would change the federal acquisition regulation to establish a uniform line item structure for the Federal procurement system.  The rationale for the change is that a uniform line item identification structure would improve the accuracy, traceability, and usability of procurement data.  It is also … Continue Reading

“Fair Pay and Safe Workplaces Executive Order” Increases Focus on Contractor Compliance With Labor Laws

Posted in Legal Developments
On July 31, 2014, the Obama Administration issued a new Executive Order targeting contractor compliance with Federal labor laws.  While the order, dubbed the “Fair Pay and Safe Workplaces Executive Order,” aims to create several new obligations for contractors and subcontractors doing business with the Federal government.  In the coming months, the FAR Council and several other … Continue Reading

Join us for an U.S.-Israel Business Networking and Discussion

Posted in Legal Developments
On Thursday, May 29 from 6:00-9:00 pm, Crowell & Moring is hosting an Israel-related program for US companies to join industry-leading individuals from US and Israeli companies. The discussion will feature three sectors, specifically defense technology, life sciences, and TMT, and you will hear their perspectives on opportunities and challenges for and with Israel-based companies. … Continue Reading

Federal Circuit Requires Government to Indemnify Contractors for CERCLA Remediation Costs Based on “Taxes” Provision in WWII Contracts

Posted in Legal Developments
Last month, the Federal Circuit decided a case over 70 years in the making.  Following the bombing of Pearl Harbor in 1941 and full-scale U.S. entrance into World War II, the government entered into a series of contracts with oil companies to ramp up production of aviation gasoline (“avgas”) desperately needed for the war effort.  … Continue Reading

C&M Webinar: What Will the New Year Bring for Government Contractors?

Posted in Legal Developments
Contractors felt the squeeze from budget cutbacks and increased compliance requirements during 2013. As government agencies continue to operate under constrained budgets, competition for the federal contracts will remain intense. What should contractors expect in 2014? Join our Crowell & Moring team on Thursday, January 9 at 1:00 pm EST for a free webinar as … Continue Reading

Guess What? You’re Now Subject to HIPAA (Yes, You!): The Broad Reach of HIPAA over Business Associates

Posted in Legal Developments
With the HIPAA Final Rule now in place, business associates as well as subcontractors must comply with the entire Security Rule (among other aspects of HIPAA) and face direct liability for the failure to do so. Some entities may be surprised to learn they are subject to HIPAA given the recently expanded definition of “business … Continue Reading

C&M GC Chair and Former OFPP Administrator Participates in Televised Panel on Improving Communication and Transparency Between Government and Industry

Posted in Legal Developments
This Sunday, September 22, 2013, join Angela Styles, chair of Crowell & Moring’s Government Contracts Group, as she discusses highlights from the 2013 National Contract Management Association (NCMA) World Congress Past OFPP Administrators Panel. Angela, along with NCMA Fellow Robert Burton, will appear on Government Contracting Weekly to share lessons learned and insights on how … Continue Reading

C&M Lawyers Conduct Live Webinar on Procurement Integrity on Wednesday, September 11

Posted in Legal Developments
At 1:00 pm (Eastern) on September 11, 2013, Crowell & Moring attorneys Peter Eyre and James Peyster will conduct a webinar on behalf of L2 Federal Resources entitled “Procurement Integrity Act: A High Risk Area for Government Contractors.” This 90-minute webinar will explore the Act, the regulations, key bid protest decisions, and recent suspension and … Continue Reading

Role Reversal: Unique Legal Considerations When Hiring the Federal Government Under a Reimbursable Services Agreement

Posted in Legal Developments
With federal spending in sharp decline, many agencies will likely begin looking to non-traditional means of closing their budget gaps and maintaining their pre-sequestration staffing levels and rates of operation. One such means that select agencies may begin employing with greater frequency is the reimbursable services agreement (“RSA”), under which a private sector entity hires … Continue Reading

D.C. Circuit Reiterates APA Notice and Comment Requirements Apply When Agencies Change Definitive Interpretations of Regulations

Posted in Legal Developments
On July 2, in Mortgage Bankers Association v. Harris, No. 12-5426 (D.C. Cir. July 2, 2013), the D.C. Circuit upheld its long-standing rule that “when an agency has given its regulation a definitive interpretation, and later significantly revises that interpretation, the agency has in effect amended its rule, something it may not accomplish [under the … Continue Reading

New Executive Compensation Limits

Posted in Legal Developments
On June 26, 2013, the government published an interim rule that implements Section 803 of the National Defense Authorization Act for Fiscal Year 2012 by extending the application of the executive compensation benchmark from senior executives to all contractor employees working on Department of Defense, NASA, and Coast Guard contracts. The interim rule is effective … Continue Reading

Commercial Space Flight: Recent Turbulence and Promising Future?

Posted in Legal Developments
Over recent months, NASA’s plan to replace the space shuttle with commercial space lift has encountered some turbulence. Optimists insist that NASA’s transition to commercially-operated manned spaceflight is inevitable given the ingenuity of public private partnerships, the remarkable opportunities for profit, and the lessons of history. While this may be true, the development of a … Continue Reading

Virginia Law Questions the Enforceability of Teaming Agreements

Posted in Legal Developments
When pursuing government work, contractors frequently team together and combine resources in order to create the most appealing proposal. These arrangements are often memorialized in teaming agreements that set forth terms, including but not limited to, the purpose of the agreement, the relationship between the parties (e.g., prime versus subcontractor), and other general provisions. Importantly, … Continue Reading

Department of Defense Tightens Counterfeit Prevention Policy

Posted in Legal Developments
On April 26, 2013, the Under Secretary of Defense for Acquisition, Technology, and Logistics issued Department of Defense (“DoD”) Instruction No. 4140.67 to further establish policy to prevent counterfeit materiel at any level of the DoD supply chain. As we have previously blogged about, Section 818 of the National Defense Authorization Act of 2012 required … Continue Reading

2013: The Unprecedented Year and the Consequences of Austerity – Ounce of Prevention Seminar

Posted in Legal Developments
On May 15-16, 2013, Crowell & Moring is hosting its annual Ounce of Prevention Seminar (OOPS), which, for the past 28 years, has provided government contractors with the information they need to stay on top of the latest developments in federal contracting. In the introductory session on May 15, attorneys W. Stanfield Johnson, Thomas P. … Continue Reading

Last Day Filings at the CBCA: Time is Not on Your Side

Posted in Legal Developments
The Civilian Board of Contract Appeals reminded us last week how unforgiving the Board’s timeliness rules can be for unsuspecting contractors.  In Schunck v. General Services Administration, January 31, 2013, CBCA No. 3079, the Board dismissed the appellant’s case because it was not timely filed under the Contract Disputes Act (CDA), 41 U.S.C. § 7101, … Continue Reading

WEBINAR: WHAT WILL THE NEW YEAR BRING FOR GOVERNMENT CONTRACTORS?

Posted in Legal Developments
Government contractors will be facing a harsh budgetary and regulatory climate in 2013. With shrinking budgets and expanding compliance requirements, government contractors will have numerous developments to watch. Please join us for a special free webinar on January 16, 2013 at 2:00 EST. The Crowell & Moring team will discuss likely trends and issues in … Continue Reading

C&M Lawyers Conduct Live Webinar on Terminations on Thursday, December 13

Posted in Legal Developments
At 1:00 pm (Eastern) on December 13, 2012, Crowell & Moring attorneys Richard Arnholt and Steve Rice will conduct a webinar on behalf of L2 Federal Resources entitled “Terminations in Government Contracts: Preparing for Budget Cuts.” This 90-minute webinar will provide an overview of both termination for convenience and termination for default, the procedural steps … Continue Reading

WHITE HOUSE ISSUES SEQUESTRATION REPORT

Posted in Defense Budget, Legal Developments
On September 14, 2012, the Office of Management and Budget released the Administration’s long awaited report on the implementation of the potential sequester currently scheduled to occur on January 2, 2012. The report satisfies three of the four major requirements of the Sequestration Transparency Act of 2012 (“STA”).  First, it provides an estimate of the … Continue Reading

GOODBYE CCR AND ORCA. HELLO SAM.

Posted in Legal Developments
On July 29, 2012, the government launched the System for Award Management, known as SAM, which consolidated the Central Contractor Registration (CCR), the Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). CCR and ORCA are no longer accepting new or updated submissions, so contractors may be particularly interested in exploring … Continue Reading