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Category Archives: Legal Developments

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Contractor Logs Victory in Termination Case at Federal Circuit

Posted in Legal Developments
In EM Logging v. Department of Agriculture, 2014-1227 (Feb. 20, 2015), the Federal Circuit reversed the Civilian Board of Contract Appeals, holding that substantial evidence did not support the Board’s conclusion that the US Forest Service had properly terminated a timber sale contract for the Kootenai National Forest in Northern Montana for “flagrant disregard” of [&hellip… Continue Reading

Cyber Executive Order Continues the Push for Public-Private Partnerships

Posted in Cybersecurity, Homeland Security, Legal Developments, Public-Private Partnerships
In conjunction with his remarks at the White House Summit on Cybersecurity at Stanford University earlier this month, President Obama signed Executive Order 13691, entitled “Promoting Private Sector Cybersecurity Information Sharing.”  Published in the Federal Register last week, the Order is intended to encourage and facilitate cybersecurity information sharing within the private sector, and also [&hellip… Continue Reading

U.S. Access Board Proposes Update to Section 508 Standards

Posted in Legal Developments
On February 18, 2015, the Architectural and Transportation Barriers Compliance Board (“Access Board”) released a proposed rule revising and updating the standards for electronic and information technology developed, procured, maintained, or used by federal agencies covered by section 508 of the Rehabilitation Act of 1973. Why Section 508 of the Rehabilitation Act Matters to Contractors Section 508 of [&hellip… Continue Reading

Winter Marketplace Outlook with BDO

Posted in Legal Developments
On February 25 at 12 pm ET, I’ll be joining Joseph McCaffrey from BDO for a webinar focusing on the market for government contractors.  We’ll be talking about DCAA trends, high priority compliance and ethics matters, new final and proposed regulations impacting the industry, and insights into recent M&A activity and financing trends. It will [&hellip… Continue Reading

Finalized Trafficking In Persons Regulations Leaves Contractors with Significant Compliance Challenges and Risks

Posted in Legal Developments
Yesterday, the FAR Council published the much-anticipated final rule amending the Federal Acquisition Regulation to expand the definition of trafficking in persons in government contracts and to finalize expansive compliance and certification requirements for certain government contractors. The new regulations present a substantial compliance challenge for contractors and leave contractors open to significant risks for [&hellip… Continue Reading

New Compliance Requirements to Prevent Trafficking: What do the rules require? What contractors are subject to them? What questions remain?

Posted in Legal Developments
On January 29, 2015, the FAR Council published a final rule amending the Federal Acquisition Regulation (FAR) to strengthen existing regulations against trafficking in persons. The new rule, which will be effective March 2, 2015, includes a variety of new compliance provisions that will impact government contractors of all shapes and sizes. The agencies first [&hellip… Continue Reading

Claims Practice Bulletin: What the Newly Interpreted “Non-Jurisdictional” CDA Statute of Limitations Means for Contractors

Posted in Claims, Legal Developments
As we discussed during Crowell & Moring’s webinar last week Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2015, the CDA’s six-year statute of limitations has been a hot topic for both contractor and Government claims over the past several years. Until recently, the case law at the Federal Circuit, the Boards, [&hellip… Continue Reading

Government Contracts Cases To Watch In 2015

Posted in Legal Developments
In December, I had the pleasure of speaking with Law360 regarding “Government Contracts Cases To Watch In 2015.” To no one’s surprise, the continuing DCAA audit backlog, and the Contract Disputes Act statute of limitations, are among the topics that contractors will be following with interest in 2015. In an upcoming post, we will discuss [&hellip… Continue Reading

Webinar: What Will The New Year Bring For Government Contractors?

Posted in Legal Developments
Tight budgets, increased oversight, new executive orders, complex regulatory environment, and intense competition remain atop the list of issues facing government contractors. Should you expect anything different in 2015? Please join us on Wednesday, January 7, 2015 at 1:00 pm Eastern to hear our Crowell & Moring team discuss predictions for the coming year. Topics [&hellip… Continue Reading

Army Office of Energy Initiatives Releases RFP for New Renewable Energy Project at Fort Hood

Posted in Legal Developments
On October 17, 2014, the U.S. Defense Logistics Agency (DLA) issued a solicitation for the construction and operation of large-scale solar and wind projects at the Fort Hood military base. Fort Hood is the largest active military duty post in the U.S., located approximately 60 miles north of Austin, Texas. The RFP, which is the [&hellip… Continue Reading

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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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. [&hellip… 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.  [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… Continue Reading