Government contracting offers lucrative opportunities and advantages for businesses. Timing is important and keeping you updated on trends and conditions that can impact your business is a priority at Dentons. We continuously share our knowledge with you through published articles, client alerts and other timely materials. Find our most recently published insights below.
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On October 24, 2016, a day before the Fair Pay and Safe Workplaces final rule was set to take effect, a US district court in Texas preliminarily enjoined implementation of the Federal Acquisition Regulatory (FAR) Council rule and the Department of Labor (DOL) guidance related to the reporting requirements and restrictions on arbitration agreements, leaving only the paycheck transparency requirements to proceed. Read more
The US Department of Defense issued a rule on Friday, October 21, finalizing its information security and cyber incident reporting requirements. Read more
The October edition of "Government Contracts Legislative and Regulatory Update" offers a summary of the relevant changes that took place during the month of September. This update will also be available in Contract Management Magazine. We wish to thank our readers for the positive and encouraging feedback we received last month when we launched this monthly newsletter. Our aim is to keep you up-to-date on legislative and regulatory changes relevant to government contractors, so please keep the feedback coming. Read more
Continuing its trend of imposing substantial obligations on governments contractors, the Department of Labor recently issued a final rule requiring certain government contractors to provide employees a minimum of 7 days, or 56 hours, of annual paid sick leave. The US Department of Labor also recently issued a rule to increase the minimum wage to $10.20 per hour effective January 1, 2017. Contractors should closely review these rules and develop or revise their employment policies and practices to ensure compliance with these new, burdensome obligations. Read more
Last Tuesday, the US District Court for the Northern District of California held that the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar does not require a specific representation as a prerequisite to implied certification liability under the False Claims Act (FCA). If the reasoning in Rose prevails elsewhere, contractors and providers may be faced with a version of implied certification that is potentially broader than it was pre-Escobar and that arguably is much broader than the Supreme Court intended. Read more
Join your Dentons colleagues for a webinar examining the final FAR rule and Department of Labor guidance implementing the Fair Pay and Safe Workplaces Executive Order. The 90-minute program will provide practical information on how companies bidding on federal contracts or subcontracts can ensure compliance with the substantial obligations imposed by the FAR rule. Read more
On Wednesday, the US National Archives and Records Administration issued a final rule regarding Controlled Unclassified Information (CUI).
Although not directly applicable to contractors, the final rule, which becomes effective on November 14, 2016, sends a strong signal regarding what contractors and subcontractors who handle CUI can expect in terms of additional and significant safeguarding requirements associated with receipt and maintenance of CUI. Publication of the final rule enables the Federal Acquisition Regulatory Council to move forward with a separate FAR rule addressing the implications of the new CUI regime for contractors that possess or maintain such information. Read more
We are pleased to offer you the inaugural issue of our newsletter, "Government Contracts Legislative and Regulatory Update." Our aim is to keep you up-to-date on legislative and regulatory changes relevant to government contractors. Read more
On August 30, 2016, the US Department of Defense (DoD) issued a final rule expanding the safe harbor for allowability of the costs of counterfeit or suspect counterfeit electronic parts and any related rework or corrective action (the Final Rule). See Defense Federal Acquisition Regulation Supplement: Costs Related to Counterfeit Electronic Parts (DFARS Case 2016-D010). The Final Rule is the fifth DoD and FAR rule since 2014 implementing counterfeit electronic part detection and avoidance compliance requirements for contractors, with more to come. Read more
The Federal Acquisition Regulatory Council (FAR Council) and the US Department of Labor (DOL) simultaneously released, on August 24, a final rule and accompanying guidance implementing the Fair Pay and Safe Workplaces Executive Order signed by President Obama in July 2014. The final rule requires that companies bidding on federal contracts or subcontracts of at least $500,000 disclose violations of labor laws, to be taken into account by contracting officers in making their contract awards. Read more
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