News

Advisories

Real Property Buyers Beware: Court of Federal Claims Dismisses Complaint Against the U.S. Government Involving Attempted Property Transfer
September 3, 2010
Legislative and Regulatory Updates
September 2010
The Karzai Ban on Security Contractors--Implications for the Contracting Community
August 26, 2010
GAO and COFC Disagree On Merger And Acquisition OCIs
August 2, 2010
Government Contracts Legislative and Regulatory Updates
August 2010
New “Improper Payments” Law Likely to Increase the Government’s Audit and Investigation of Government Contractors
July 29, 2010
Intelligence Community Growth and Scrutiny: A Cautionary Tale For Government Contractors
July 27, 2010
Recent Iraq Contract Decisions Expand Opportunities and Defenses for Contractors
July 26, 2010
Financial Reform Bill Includes FCPA Whistleblower Provision
July 26, 2010
Contractors Beware - Federal Circuit Holds that a Contractor May Not Present Factual Defenses to the Government’s Liquidated Damages Assessment Because The Contractor Failed to Submit a Certified Claim for Time Extensions
July 6, 2010
Government Contracts Legislative and Regulatory Updates
July 1, 2010
Federal Circuit Clarifies Definition of Affected CAS-Covered Contract and Rejects DCAA Audit Findings
June 22, 2010
Senate Armed Services Committee Rebuffs Proposed DFARS OCI Exception Provisions for Systems Engineering and Technical Assistance (“SETA”) Contractors
June 21, 2010
California Court of Appeal Recognizes Modified Total Cost Theory of Damages
June 17, 2010
Government Contracts Legislative and Regulatory Updates
June 2010
New Rule Requires Federal Contractors to Post Workplace Notice Advising Employees of Rights to Organize Union; Mandates Inclusion of Related Clause in All Government Contracts
June 1, 2010
Proposed CAS Rule and a Potential FAR Rule May Significantly Impact Allowable Costs for Defined Benefit Pension Plans, Requiring Close Attention to Forward Pricing Rates
May 24, 2010
All DoD Contracts To Now Include Clause Requiring Export Compliance
May 11, 2010
The “IMPROVE” Acquisition Act of 2010
May 7, 2010
Sentencing Commission Amendments Guidelines For Organizations & Individuals
May 4, 2010
McKenna Long & Aldridge LLP Updates Its Guide Regarding Complying with Global Anti-Corruption Regulations
May 2010
Recent Supreme Court Decision May Prompt More Relators to Seek an Increase to Their Award of Attorneys’ Fees on the Basis of Exceptional Attorney Performance
April 29, 2010
Interagency Task Forces To Benefit Small Businesses
April 28, 2010
Final Rule on Project Labor Agreements Issued
April 26, 2010
Export Control Reform - At Last?
April 23, 2010
New DFARS Rule for Organizational Conflicts of Interest
April 22, 2010
President Obama’s Appointees, Union Lawyers Craig Becker and Mark Gaston Pearce Sworn In As National Labor Relations Board Members: What Employers Should Expect.
April 15, 2010
U.S. Attorneys' Offices Get False Claims Act Civil Investigative Demand Authority
April 13, 2010
Impact Of Health Care Reform On Drug Manufacturer Liability Under The Medicaid Drug Rebate Program And 340B Drug Discount Program
April 5, 2010
D.C. Circuit Strengthens Contractor Position in Reverse-FOIA Actions
April 5, 2010
OFPP Issues Proposed New Definition of “Inherently Governmental”
April 2, 2010
FAR Council Issues Final Rule Unveiling A New Measure Designed To Ensure Only Responsible Contractors Obtain Contract Awards
April 1, 2010
Government Contracts Legislative and Regulatory Updates
April 2010
New Health Care Statute Includes Significant Changes To False Claims Act “Public Disclosure” Bar
March 29, 2010
Obama Administration Expands Payment Recapture Audit Program
March 26, 2010
Federal Circuit Upholds ATK Thiokol Decision, Establishing Specific Contractual Requirement As The Test For What Are Independent Research And Development Costs
March 22, 2010
COFC Rules That Congress Did Not Create Small Business Programs Equally
March 18, 2010
The Franken Amendment and New DFARS Clause Imposes Significant and Immediate Obligations and Questions for Defense Contractors
March 10, 2010
Colorado Supreme Court Finds Pay-to-Play Law Unconstitutional
March 3, 2010
GAO Sustains Protests Involving “Impaired Objectivity” Organizational Conflicts of Interest
February 11, 2010
Government Contracts Legislative and Regulatory Updates
February 2010
Obama Administration Directs Tax-Enforcement Action Against Contractors
February 1, 2010
Assessing the Impact of Citizens United: What Does it Mean for My Corporation?
January 28, 2010
Proposed DFARS Rule May Significantly Impact Contractor Cash Flow Under Government Withholds for “Deficiencies” in Contractor “Business Systems” and Ambiguous “Business Systems” Requirements
January 25, 2010
Major Changes To False Claims Act “Public Disclosure” Bar Added To Senate’s Health Care Bill
January 20, 2010
DDTC Publishes Proposed Amendment to ITAR Part 129 Brokering Rules
January 5, 2010
Government Requests Interlocutory Appeal In Allison Case
January 4, 2010
Government Contracts Legislative and Regulatory Updates
January 2010
New Rules on Airfare Costs and Accounting for Post-Retirement Benefits; and Government Defective Pricing Claims Time-Barred By CDA’s Statute of Limitations
December 30, 2009
The Franken Amendment and Prohibitions of Mandatory Arbitration
December 23, 2009
More Focus on Improper Payments to Contractors Likely Means More Compliance and Reporting Requirements and Potential Cash Flow Impacts
December 15, 2009
Fifth Circuit Court Of Appeals Rules That Contractors Qualify For Government-Contractor Immunity And Therefore Are Not Liable For Hurricane Katrina’s Flooding Damage Linked To Dredging Performed By The Contractors
December 8, 2009
Government Contracts Legislative and Regulatory Updates
December 2009
United States District Court Rules that the U.S. Government Is Liable For Hurricane Katrina’s Flooding Despite the Protections Usually Afforded by the Federal Tort Claims Act
November 24, 2009
FAR Councils Publish Proposed Rule on Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions
November 24, 2009
National Defense Authorization Act for Fiscal Year 2010
November 2, 2009
OFAC Issues New Enforcement Guidelines
November 2009
Government Contracts Legislative and Regulatory Updates
November 2009
Impact of Recent DCAA Criticisms is a New DCAA Director
October 27, 2009
Procurement Hot Spot: President Obama's Executive Order to Federal Agencies Stimulates Procurement from Suppliers of Sustainable Goods and Services
October 27, 2009
Kerry-Boxer Beyond Cap and Trade: Greenhouse Gas (GHG) Reduction Programs
October 7, 2009
State Department Issues Revised Guidelines For Preparing Electronic Agreements
October 2009
Seller Beware: BIS Opinion on Publishing Mass Market Encryption Software Does Not Speak for OFAC
September 2009
Dealers Beware! Cash For Clunkers Rebate Applications May Lead To Legal Liabilities
September 28, 2009
Brace Yourself: GAO Slams DCAA for a Second Straight Year
September 25, 2009
First Reports Under American Recovery And Reinvestment Act Due October 10, 2009
September 8, 2009
Government Contracts Legislative and Regulatory Updates
September 2009
New EU Defense Procurement Directive Enters into Force
August 27, 2009
Pay-To-Play
August 19, 2009
Draft GAO Report Criticizing DCAA Will Likely Cause DCAA To Become Even More Aggressive
August 10, 2009
Export Controls Group Monthly Update
August 7, 2009
McKenna Long & Aldridge submits amicus brief to support petition for cert. in Daewoo
August 7, 2009
DOL Proposes Regulations Requiring Federal Contractors to Notify Employees of Rights Under National Labor Relations Act
August 6, 2009
Government Contracts Legislative and Regulatory Updates
August 2009
Government Contracts Legislative and Regulatory Updates
July 2009
Federal Circuit Decision Spells Further Trouble for Allowability of Legal and Settlement Costs
June 11, 2009
Government Contracts Legislative and Regulatory Updates
June 2009
Congress Passes New Weapon Systems Acquisition Reform Act of 2009
June 1, 2009
Seventh Circuit Reverses Export Conviction and Finds that the Inclusion of Specific Products on the Munitions List May Be Challenged By Exporter
June 2009
Obama Signs Into Law Key Amendments to the False Claims Act
May 22, 2009
GAO Studies Export Control Programs And Recommends A “Fundamental Reexamination of the System”
May 2009
“Buy-American” and Davis-Bacon Requirements for Stimulus-Funded Projects: New Federal Guidance Has Arrived
April 30, 2009
Government Contracts Legislative and Regulatory Updates
April 2009
Voluntary Disclosures To Commerce: Not So Fast
April 2009
Sixth Circuit Remands MLA's Allison Engine Case to the District Court
March 2, 2009
Government Contracts Legislative and Regulatory Updates
March 2009
Stimulus Package Creates Opportunities, But Beware of the Strings
February 23, 2009
President Obama Signs Executive Order Allowing Agencies to Require Project Labor Agreements (PLA’s) on Large Construction Projects
February 10, 2009
Practical Implications and Interim Compliance Measures for Contractors in Iraq under the New Iraq Status of Forces Agreement
February 5, 2009
President Obama’s Executive Orders Regarding Labor Relations in Government Contracting
February 2, 2009
DCAA Issues Troubling Audit Guidance Covering Access To Contractor Records and Internal Control Audits
January 29, 2009
Government Appeals ATK Thiokol IR&D Decision
January 14, 2009
Government Contracts Legislative and Regulatory Updates
January 2009
Commission on Wartime Contracting
December 29, 2008
Disputing Contractor Performance Assessment Reports-New Issues And Remedies
December 12, 2008
New Legal Framework Puts Contractors Under Iraqi Jurisdiction
December 9, 2008
Government Contracts Legislative and Regulatory Updates
December 2008
GAO Decision Extends “Rule of Two” for Small Business Set-Asides to Multiple Award Task and Delivery Order Contracts
December 1, 2008
E-Verify, Compliance and Consequences of Employment Verification Requirements
November 24, 2008
Navy v. Whales Has Broader Implications For Deference To Executive Branch Statements Of National Security
November 21, 2008
Treasury Issues Final CFIUS Regulations
November 21, 2008
The Federal Circuit Finds the Small Disadvantaged Business Program Unconstitutional, Signaling Possibly Significant Developments Impacting Small Minority Owned Businesses
November 14, 2008
FAR Council Issues Final Contractor Ethics Rule Requiring Mandatory Disclosure Of Crimes And Civil False Claims Act Violations
November 12, 2008
Government Contracts Legislative and Regulatory Updates
November 2008
Pension Funds; Forward Pricing and Billing Rates
October 16, 2008
Clean Contracting Act of 2008
October 10, 2008
Government Contracts Legislative and Regulatory Updates
October 2008
Department of Defense Authorization Act for Fiscal Year 2009
September 30, 2008
ASBCA Accepts Appeal of a Liability Assessment Letter
September 2, 2008
Government Contracts Legislative and Regulatory Updates
July 31, 2008
New Lobbying Disclosures and Certifications Due July 30th
July 21, 2008

The new semi-annual federal lobbying disclosure reports and certifications mandated under the Honest Leadership & Open Government Act (HLOGA) are due July 30, 2008. There has been considerable debate on what activities and expenditures need to be reported and both the Clerk of the House and the Secretary of the Senate have attempted to address those concerns.

New Tax Requirements for Foreign Workers
June 23, 2008
Clean Contracting Act of 2008
June 13, 2008
Unanimous Qui Tam Victory at Supreme Court
June 10, 2008
DOD Issues New Interim Rule
May 29, 2008
Task and Delivery Orders: New Protest Rights Effective May 27, 2008
May 22, 2008
As International Agreement Opens New Domestic Markets to Foreign Air Carriers, Contractors Face Increased Scrutiny Concerning Their Compliance With Fly America Act, 49 U.S.C. § 40118
May 16, 2008
Government Contracts Legislative and Regulatory Updates
May 2008
First Contractor Employee Charged Under the Uniform Code of Military Justice in Iraq
April 17, 2008
Recent Trends Suggest Travelers Going Abroad Should Do So With A "Clean" Laptop
March 18, 2008
Mandatory Reporting of Violations of Law: A Disturbing Trend
March 6, 2008
Congress Passes Changes to Freedom of Information Act
March 5, 2008
United States Supreme Court, Congress and DOJ Consider False Claims Act Issues
February 29, 2008
Specialty Metals: New Rules
February 25, 2008
National Defense Authorization Act for Fiscal Year 2008
February 15, 2008
The Armed Services Board Reports Increased Appeals and ADR Activity in Fiscal Year 2007; The Civilan Board Issues its First Annual Report
February 4, 2008
Congressional Criticism of Small Business Administration's Proposed Rule for Women-Owned Small Business Set-Aside Program Could Jeopardize Implementation of This Long Awaited Program
January 30, 2008
Important New Changes to the ITAR
January 8, 2008
Enforcement of International Arbitration Awards in U.S. Courts When They Have Been Set Aside by a Foreign Court
December 20, 2007
Ninth Circuit Adds to "State Secrets" Case Law
December 13, 2007
Holding U.S. Companies Liable for the Actions of Their Foreign Subsidiaries: An Analysis of the Varying Standards of Liability Under OFAC Administered Sanctions Programs
December 7, 2007
Government's Proposed New Rules for Contractor Compliance to be Subject of ABA/Public Contract Law Section Procurement Fraud and Suspension & Debarment Committees Meeting with DOJ Representatives
December 5, 2007
House of Representatives Vote to Update Small Business Act
November 15, 2007
New FAR Provisions Mandate Consideration of the SAFETY Act in Federal Procurements
November 14, 2007
Supreme Court Grants Petition for Certiorari on False Claims Act "Presentment" Issue
November 1, 2007
War Profiteering Prevention Act of 2007
October 23, 2007
Federal Circuit Decision Begs the Question: Can the Contractor Ever Rely on Directions From a Contracting Officer's Delegated Representative?
October 17, 2007
Recurring Appropriations Issues Affecting Contractors--The Use of Continuing Resolutions
October 8, 2007
Government Contracts Compliance Guidelines Issued
September 17, 2007
Federal Circuit Follows GAO Timeliness Rule for Solicitation Defect Protests
September 11, 2007
Congress is at it Again - Accountability in Government Contracting Act of 2007
August 29, 2007
H.R. 3033 "Contractors and Federal Spending Accountability Act of 2007"
August 16, 2007
BioShield Stakeholders Workshop Overview
August 15, 2007
Court of Federal Claims Judge Rules That Agency Cannot Accept Late Proposal by Extending Receipt Deadline After Deadline Has Passed
August 13, 2007
Pandemic Influenza: Companies Should Plan for the Worst and Assess Legal Exposure
August 13, 2007
Acquisition Reform in Senate's Pending Defense Authorization Bill
August 9, 2007
SBA's Proposal of a New Method for Calculating Size for Employee-Based Size Standards Would Exclude Many Companies from Small Business Status
August 2, 2007
Department of Defense Proposes New Exception to the Specialty Metals Clause -- COTS
July 3, 2007
New Supreme Court Decision Impacts Recovery of Environmental Cleanup Costs by Government Contractors
June 15, 2007
Senator McCain Introduces New Acquisition Reform Legislation
June 6, 2007
Foreign Corrupt Practices Act Update
May 4, 2007
Supreme Court Limits Qui Tam Suits
March 28, 2007
COFC Rules Government Liable for Environmental Remediation Costs Under BRAC
March 22, 2007
Chairman Waxman's Contractor Oversight Legislation Passes the House
March 19, 2007
Iraqi Defense Contractor Prevails on False Claims Act Summary Judgment Motion
February 15, 2007
Two New Rules Affect the Use of Time and Materials Service Contracts
February 12, 2007
Senate Amendment Establishes Ten Year Debarment for Contractors Hiring Illegal Immigrants
February 7, 2007
President Bush Increases Political Control Over Executive Agency Policy Initiatives
February 1, 2007
Civilians Accompanying Forces in the Field Now Subject to U.S. Military Justice
January 29, 2007
GAO Deference to Agency Assessments of Organizational Conflicts of Interest
January 24, 2007
Specialty Metals - Finally Some Reprieve
January 23, 2007
Supplemental Information on Export Controls Enforcement
January 4, 2007
International Law Report: Export Control Update
July 2006
Homeland Security Bulletin
June 9, 2006
Proposed CAS ESOP Rule
August 12, 2005
Base Realignment Enclosure (BRAC)
April 7, 2005
California Performance Review Hearing on Procurement Focuses on Coordinated Purchasing, Contract Management Education and Maximizing Competition
September 7, 2004
California Performance Review Bulletin
September 2, 2004
California Performance Review Bulletin
August 26, 2004
California Performance Review Bulletin
August 19, 2004

On August 3, 2004 the Commission chairing the California Performance Review (CPR) delivered a massive report to Governor Arnold Schwarzenegger. The goal of the CPR is to restructure, reorganize, and reform state government to make it more responsive to the needs of its citizens and business community. The CPR report evaluates the performance of California's governmental agencies, and proposes hundreds of reforms directed at nearly every aspect of State government, ranging from the procurement process to environmental regulation.

Legislative Alert
February 17, 2004
Corporate Advisory
November 2003
The SAFETY Act: Mitigating Risk for Manufacturers, Providers and Buyers of Anti-Terrorism Products and Services
October 30, 2003
Proposed Changes to FAR Part 31 Might Impact the Economics of Sale/Leaseback Transactions and Delete Unneeded Provisions
August 7, 2003
Proposed Rule Revises Cost Accounting Standards Administration Procedures
July 28, 2003
Proposed Revisions to FAR Cost Principle on Post Retirement Benefits Other Than Pensions Are Unfair to Contractors
June 19, 2003
Post-War Iraq Contracting
June 9, 2003
Significant Changes to Competitive Sourcing Rules Likely to Lead to New Opportunities for Private Sector
June 6, 2003
Information Advisory
May 13, 2003
Contracting in the Military Contingency Environment
March 28, 2003
Another Federal Appellate Court Protects Information Contained in Export License Applications from Public Disclosure Under FOIA
March 25, 2003
Homeland Security Bulletin
March 16, 2003
ASBCA Rules That Prime Contractor's Failure to Disclose Prospective Subcontractor's Cost Analysis, Even Without Actual Knowledge, Results in Defective Pricing
March 12, 2003
GSA Issues Proposed Rule on "Cooperative Purchasing" for Group 70 Federal Supply Schedule Contractors
February 14, 2003
Homeland Security Bulletin
November 27, 2002
Homeland Security Bulletin
September 30, 2002
Homeland Security Bulletin
September 2002
Homeland Security Bulletin
August 1, 2002

1. President Bush Announces the National Strategy for Homeland Security
2. Homeland Security Legislative Update

Update On Section 508 Accessibility Requirements: One Year Later
May 2002
Federal Circuit Reverses "Benefits Test" to Determine Allowability of Legal Defense Costs Against Private Lawsuits
April 2002
GSA Issues New Economic Price Adjustment Clause For Schedule Contractors
January 2002
The Defense Production Act of 1950
October 2, 2001
Legislative and Regulatory Update
August 2001
NCMA Final Edition: Legislation and Regulations
August 2001
NCMA Final Edition: Legislation and Regulations
July 2001
Legislative and Regulatory Update
July 2001
Legislative and Regulatory Update
June 2001
NCMA Final Edition: Legislation and Regulations
June 2001
Legislative and Regulatory Update
May 2001
NCMA Final Edition: Legislation and Regulations
May 2001
Legislative and Regulatory Update
April 2001
NCMA Final Edition: Legislation and Regulations
April 2001
Legislative and Regulatory Update
March 2001
NCMA Final Edition: Legislation and Regulations
February 2001
Legislative and Regulatory Update
January 2001
NCMA Final Edition: Legislation and Regulations
January 2001
Legislative and Regulatory Update
December 2000
NCMA Final Edition: Legislation and Regulations
December 2000
Legislative and Regulatory Update
November 2000
Legislative and Regulatory Update
November 2000
NCMA Final Edition: Legislation and Regulations
November 2000
Legislative and Regulatory Update
October 2000