The Contractor's Perspective
A contractor's view of federal procurement issues.
Husch Blackwell Launches New FCA-Themed Podcast
Last week, we launched False Claims Act Insights, a new podcast devoted to exploring issues relating to False Claims Act (FCA) investigations and litigation. The show is hosted by Jonathan Porter—a partner in our firm’s White Collar, Internal Investigations & Compliance practice
Husch Blackwell LLP · Apr 9, 2024
Federal Infrastructure Contractors: Build America, Buy America Now Mandates More Restrictive Definition of “Construction Materials” for Federal Grants and Agreements
The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, which includes the Build America, Buy America Act (“BABA”), was signed into law by President Biden on November 15, 2021. BABA provisions apply to all Federal financial assistance awards (e.g., grants, cooperative agr
Husch Blackwell LLP · Feb 27, 2024
Avoiding the False Claims Act with Good Cyber Practices
Since 2021, the Department of Justice (DOJ) has been increasingly focused on adjudicating False Claims Act (FCA) matters for deficient cybersecurity practices. As the government increases scrutiny of data privacy and cybersecurity, it is increasingly important to develop and main
Husch Blackwell LLP · Dec 21, 2023
Dusting off the Government Shutdown Playbook
Once again, the threat of a government shutdown looms over federal contractors and grantees. If Congress does not pass a continuing resolution or other funding legislation before midnight on Saturday, agencies will lack authorized appropriations to fund their operations. Although
Husch Blackwell LLP · Sep 28, 2023
New Davis-Bacon and Related Acts Regulations to Expand DOL Authority
For the first time in 40 years, the Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts in new final rules. DOL’s new final rules concerning the prevailing wages and fringes contractors must pay their workers on federal and
Husch Blackwell LLP · Aug 30, 2023
Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences
On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court held that college and university race-conscious admission decisions at Harvard University and the Universi
Husch Blackwell LLP · Jul 11, 2023
Implications of the Debt Ceiling for Government Contractors
The ongoing debt ceiling negotiations are approaching the “X Date” with little certainty of a resolution. The X Date, the date on which the U.S. Government runs out of money to pay all of its bills, is estimated to be June 1. Failing to raise the debt ceiling by that date would b
Husch Blackwell LLP · May 25, 2023
OFCCP Publishes Annual Veteran Hiring Benchmark and New Self-Identification of Disability Form
Husch Blackwell attorney Tracey O’Brien has posted about the new guidelines OFCCP released on veteran hiring benchmarks, reducing the national annual benchmark to 5.4%. Federal contractors are required to compare their percentage of hires who are protected veterans to this benchm
Husch Blackwell LLP · May 8, 2023
OFCCP Rescinds 2020 Final Rule Regarding Religious Exemption
Effective March 31, 2023, OFCCP rescinded the Trump administration’s Final Rule, Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption (Final Rule). The Final Rule was issued in December 2020, during the waning days of the Trump administrati
Husch Blackwell LLP · Apr 27, 2023
SCOTUS Signals Likely Reversal in SuperValu, Arguments Reflect Concerns over Application to Other FCA Cases
On April 18, 2023, the United States Supreme Court heard oral argument in two consolidated cases that have the potential to upend False Claims Act (FCA) litigation. Oral argument on both sides and questioning from the Justices indicated tensions and sincere disagreement over the
Husch Blackwell LLP · Apr 24, 2023
DOJ Posts Near-Record Year of False Claim Act Settlements and Judgments
Cybersecurity-related FCA cases poised to increase as FCA enforcement ramps up On February 7, 2023, the Department of Justice (DOJ) announced that settlements and judgments under the False Claims Act exceeded $2.2 billion during the 2022 fiscal year and that the government posted
Husch Blackwell LLP · Feb 20, 2023
Changes and Challenges Relating to Affirmative Action Obligations Federal Contractors Face in 2023
The Office of Federal Contract Compliance Programs (OFCCP) has made several announcements, including Directives, Notices, and Proposals in their quest to embark on initiatives that significantly impact federal contractors’ affirmative action obligations. These changes contemplate
Husch Blackwell LLP · Feb 2, 2023
Inflation Adjustments for Defense Contractors Under Section 822 of the 2023 NDAA
Section 822 of the 2023 National Defense Authorization Act, Public Law No. 117-7776 (Dec. 23, 2022) provides new authority for some defense contractors and subcontractors to obtain price increases that address the impacts of inflation. The new authority is welcome relief for cont
Husch Blackwell LLP · Jan 12, 2023
A Primer on Agency-Level Protests of Federal Procurements – Part II
The Pros and Cons of Agency-Level Protests In my previous post, I wrote about the basics of an agency-level protest. In this post, I will explore some of the main advantages and disadvantages of filing an agency-level protest. So, what are the benefits of filing an agency-level p
Husch Blackwell LLP · Dec 6, 2022
A Primer on Agency-Level Protests of Federal Procurements – Part I
The Nuts and Bolts As most federal contractors are aware, unlike commercial contracts, federal contractors may challenge solicitation defects or contract award decisions made by the government through the bid protest process. Although protests at GAO and the Court of Federal Clai
Husch Blackwell LLP · Nov 30, 2022
DOE Considers Using the Defense Production Act to Increase Output and Deployment of Clean Energy Technologies
On October 3, 2022, the Department of Energy (DOE) issued a request for information (RFI) from the public seeking input on ways the DOE can leverage its authority under the Defense Production Act (DPA) to stimulate domestic manufacturing of clean energy technologies. DPA Authorit
Husch Blackwell LLP · Nov 16, 2022
DOE Office of Science Adds Diversity, Equity and Inclusion Requirement to Solicitation Process
The Department of Energy through the Office of Science has announced that beginning in FY 2023, all DOE funding solicitations, including the Office of Science Funding Opportunity Announcements (FOAs) and DOE National Lab Announcements, will require applicants to submit as an appe
Husch Blackwell LLP · Nov 2, 2022
The Difference between Differing Site Conditions and Superior Knowledge
The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging subsurface conditions on a federal construction contract. In
Husch Blackwell LLP · Sep 28, 2022
DOJ’s New Policies Encourage Voluntary Self-Disclosure, Compensation Tied to Compliance
In a speech given at NYU on September 15, 2022, DOJ Deputy Attorney General Lisa Monaco reviewed new and enhanced DOJ policies regarding criminal enforcement related to corporate entities. Monaco’s comments appear to signal that DOJ will be taking a significantly more aggressive
Husch Blackwell LLP · Sep 22, 2022
PFAS and Federal Contracting: What Contractors Should Know and Why
Per- and polyfluoroalkyl substances, commonly known as PFAS, are long-lasting chemicals that are quickly gaining notoriety for both their persistence in the environment and their ubiquity in water, air, and soil. Developed in the 1950s, PFAS are used in a wide range of products i
Husch Blackwell LLP · Sep 14, 2022
OFCCP Intends to Release Contractor Provided 2016-2020 EEO-1 Data Unless Contractors File FOIA Objections to Protect Confidential Information
Key Point - Federal contractors and subcontractors who filed Type 2 EEO-1 Reports for the years 2016-2020 are advised that the Office of Federal Contract Compliance Programs (OFCCP) intends to release the data from such filed EEO-1 Reports unless they file written objections asse
Husch Blackwell LLP · Aug 29, 2022
Nondisplacement of Qualified Workers Under Service Contracts – Proposed Regulations Issued
As we wrote back in November 2021, the Biden Administration issued Executive Order 14055 reinstating most of the concepts from the Obama Administration era nondisplacement Executive Order 13495. Two months after Biden’s imposed deadline of May 2022, the U.S. Department of Labor f
Husch Blackwell LLP · Jul 20, 2022