Government Contracts Monitor2012 Teaming To Win ConferenceMay 21, 2012 Jackson Kelly PLLC is proud to be a part of this year’s “Teaming to Win” conference. Registration is now open for the 22nd annual "Teaming to Win" conference, to be held on May 29-31, 2012 at the Morgantown Convention Center, Morgantown, West Virginia. The conference includes keynote speakers, educational seminars, exhibits and technology demonstrations. Featured speakers include:
Make your Compliance and Ethical Conduct an AssetMay 15, 2012 For government contractors looking for that extra edge, a recently authored column in the State Journal regarding ethics and compliance discusses the current business climate and the cost benefit of maintaining your company’s strong ethical conduct and full compliance with contractual and regulatory requirements. Authored by Jackson Kelly’s Eric Whytsell, the article discusses not only the… DoD Moves to Restrict Definition of Commercial ItemMay 9, 2012 In a proposal sent to Congress on March 28, 2012, the Department of Defense (DoD) recommended that Congress amend the statutory definition of “commercial item” in 41 U.S.C. §103. A copy of the proposal can be found here. The DoD proposal would alter the current definition by adding two related restrictions. First, the proposal would restrict the definition of commercial items… SBA Reaffirms Size Is Determined Based on the Latest Three Fiscal Years and May Consider A Later-Filed Tax Return.May 3, 2012 The U.S. Small Business Administration (“SBA”) size regulations provide that the size of a business concern that has been in business for three or more years is based upon the average annual receipts (“AAR”) of such concern for its three most recently completed fiscal years as of the date of the concern’s self-certification. 13 C.F.R § 121.104(c)(1). The size regulations clarify that… Vigilance Required, Even When Cooperating With A Government InvestigationMay 1, 2012 In the event of simultaneous civil and criminal actions involving your company, vigilance is still required to maintain attorney-client privilege. To the extent that you agree to waive the attorney-client privilege for purposes of the Government investigation to garner favor or for another valid reason, remember that such a waiver will likely result in the waiver for any other… Contract Disputes Act Statute of Limitations Bars Government Claims in Two Recent DecisionsApril 26, 2012 In two recent decisions – The Boeing Company, ASBCA No. 57490 (Jan. 6, 2012) and Raytheon Co. v. United States, No. 09-306C (Fed. Cl. Apr. 2, 2012) –contractors successfully argued that the Government’s claims were barred by the 6-year statute of limitations under the Contracts Disputes Act (CDA). The CDA provides that “each claim by the Federal Government against a contractor relating to… Obtaining and Retaining Rights In Federally Financed Inventions after Stanford v. RocheApril 9, 2012 Last June, the United States Supreme Court made clear in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 131 S. Ct. 2188 (2011), that the Bayh-Dole Act does not automatically vest ownership to an invention discovered with the aid of federal funding in the hands of a federal contractor, in that case, a university. (Click here to read Jackson… Federal Judge Strikes Down Enforcement Provisions of National Labor Relations Board’s “Notification of Employee Rights Under the National Labor Relations Act” RegulationsMarch 30, 2012 On Friday, March 2, 2012, United States District Court for the District of Columbia Judge Amy Berman Jackson partially affirmed and partially struck down the National Labor Relations Board’s (“NLRB”) “Notification of Employee Rights Under the National Labor Relations Act” regulations in National Association of Manufacturers v. National Labor Relations Board, No. 1:11-cv-01629-ABJ (D.D.C. March 2,… GAO Sustains Price Realism ProtestMarch 28, 2012 The GAO recently sustained a price realism protest where the agency failed to consider the proposed prices of all technically acceptable offerors. Digital Technologies, B-406085 (Feb. 6, 2012), available here. The RFP requested proposals for a fixed price contract with a 6-month base period and four 1-year options for computer maintenance and support. According… SBA Increases Small Business Size Standards for 22 Industries in NAICS Sectors 48-49, “Transportation and Warehousing,” Effective March 26, 2012March 21, 2012 The U.S. Small Business Administration (“SBA”) recently issued a new Final Rule, effective March 26, 2012, increasing the small business size standards for 22 industries in NAICS Sectors 48-49, “Transportation and Warehousing.” Small Business Size Standards: Transportation and Warehousing, 77 Fed. Reg. 10943 (Feb. 24, 2012). These increases will enable many formerly small companies… The Race to Suspend & Debar Heats UpMarch 19, 2012 We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures. Click hereto read the OMB directive in its entirety. More current events make clear that Congress means business when it comes to this issue. First, the Consolidated Appropriations Act of 2012. This… The Constitution Saved the Day (and $50 Million) in False Claims CaseMarch 16, 2012 In the modern application of the False Claims Act, where multi-million or even multi-billion dollar settlements and fines are increasingly common, a recent case demonstrates that there is some limit and rationality to the financial exposure that a government contractor may face. In United States ex. rel. Bunk v. Birkhart Globistics, 02-CV-1168 (E.D. Va. Feb. 14, 2012), after a jury found… |
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