Government Contractor Compliance & Regulatory Update

Category Archives: Federal Acquisitions

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Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts. Plaintiff Darrell Robinson argued that Kuwaiti law applied to his overtime claims as a consequence of language in Raytheon’s offer … Continue Reading

DOD Issues Proposed Rule Extending Limitations on Contractor Employee Personal Conflicts of Interest

The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the limitations on contractor employee personal conflicts of interest.  The proposed rule will extend those limitations to the performance of all functions that are closely associated … Continue Reading

Eastern District of Virginia Finds False Claim Allegations Too Speculative

A Virginia federal judge recently dismissed a retaliation complaint under the False Claims Act because the plaintiff’s allegations of a false claim against the government were too speculative. In Carlson v. DynCorp International, LLC, Scott Carlson alleged that DynCorp engaged in false billing practices when it bid for business with the U.S. Agency for International … Continue Reading

Government Recommends Supreme Court NOT Hear Takeda Case

The U.S. Solicitor General has asked the Supreme Court not to hear an appeal in a False Claims Act (“FCA”) case against Takeda North America Pharmaceuticals, Inc.  The Fourth Circuit had dismissed the case because the plaintiff failed to plead the allegations of fraud with particularity.  Specifically, the government stated that the case is not … Continue Reading

Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown

On October 4, 2013, Proskauer issued a Client Alert providing guidance to federal contractors regarding key legal questions that have arisen as a result of the government shutdown.  Attached is a link to the Client Alert.  Please be sure to check the Government Contractor Compliance & Regulatory Update or subscribe to the RSS feed for … Continue Reading

Availability of Retroactive Compensation to Contractors Post-Government Shutdown

Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post yesterday discussing the compensation of employees of contractors impacted by the government shutdown.  Ms. Bertram explained that employees of government contractors who have been furloughed as a consequence of the shutdown may not receive compensation beyond … Continue Reading

Interim Rules on Whistleblower Protection for Contractor Employees Issued by DOD, GSA and NASA

On September 27, 2013, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced interim rules in the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFAR”) outlining enhancements to whistleblower protections for contractor employees (the “Program”).  The interim rules implement Section 828 of the National Defense Authorization Act … Continue Reading

FAR Provision on Human Trafficking Proposed

On September 26, 2013, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration published a proposed rule in the Federal Register seeking to amend the Federal Acquisition Regulation (“FAR”) to implement recent mandates aimed at stemming human trafficking.  In addition to codifying the current zero-tolerance policy against human trafficking, FAR … Continue Reading

Government RFI on New Cybersecurity Measures for Federal Contracts

Last week, the General Services Administration (“GSA”) issued a Request for Information (“RFI”) soliciting comments from federal contractors on the feasibility of incorporating cybersecurity standards into federal acquisitions rules.  78 Fed. Reg. 27,966 (May 13, 2013).  Through the RFI, GSA hopes to obtain diverse stakeholder involvement prior to the implementation of any new cybersecurity framework.… Continue Reading
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