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Government Contracts Advisor

Industry Insights & Analysis

DOL Employee Classification FAQ

Posted in Government Contracting, Labor & Employment

This post was co-authored by Phillip Seckman, Ann Murray and Amy Siadak.

The Office of Federal Contract Compliance Programs (“OFCCP”) in the U.S. Department of Labor (“DOL”) recently posted answers to Frequently Asked Questions (“FAQs”) regarding how federal contractors should determine whether a worker is an employee versus an independent contractor.  Continue Reading

Government and Commercial Contract Compliance Briefing

Posted in Compliance & Investigations, Cybersecurity, Events, Government Contracting

This post was authored by Mike Rizzo.

Join us on September 30 at the Hyatt Regency Santa Clara for a Government and Commercial Contract Compliance Briefing, co-hosted with Navigant, a global expert services firm. This will be a two hour long discussion surrounding investigations and attorney-client privilege concerns, mandatory disclosure requirements, data rights, cybersecurity and many more topics relevant to the Southern California region. The event will start around 8 am and breakfast will be served. Don’t miss the chance to interact with key personnel from McKenna Long and Navigant as they come together on stage for the first time. CLE credit is pending approval. Continue Reading

HHS Audit Reports Signal Increasing Cybersecurity Audits for Contractors

Posted in Cybersecurity, Government Contracting, Healthcare, Public Policy

This post was co-authored by Elizabeth Ferrell, Dennis Smith*, Cindy Gillespie* and Erin Sheppard.

The Office of the Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) recently released two audit reports assessing weaknesses in the information security systems of a contractor-operated Medicaid Management Information System (MMIS) and contractors administering federal Medicare programs.  The reports reflect a growing trend toward proactive audits of such cybersecurity controls by state and federal agencies. Continue Reading

New Executive Order Targets Federal Contractors

Posted in Government Contracting, Labor & Employment

This post was authored by Cary Burke.

President Obama has issued yet another executive order that will impose additional labor compliance requirements on companies that choose to do business with the federal government.  Entitled “Fair Pay and Safe Workplaces,” the new Order requires contractors and subcontractors to disclose their own labor law violations and requires federal agencies to exclude from federal contracting those companies with a history of poor labor law compliance.   This new Order revives the Administration’s long intended push for a so-called “High Road Contracting” system, wherein contractors must guarantee strict and ongoing adherence to a broad spectrum of labor laws or face potential termination of contract — or even debarment. Continue Reading

No Game-Changers in the Newly Revised ASBCA Rules

Posted in ASBCA

This post was co-authored by Marques Peterson and Justin Ganderson.

Last week the Defense Acquisition Regulations System issued new revisions to the Rules of the Armed Services Board of Contracts Appeals (the “Board” or “ASBCA”) previously published on May 2011.  These Rules apply to all appeals filed on or after the July 21, 2014, and will apply to “those appeals filed before that date, unless that application is inequitable or unfair.”  Rule 24.  Per the Federal Register, the new rules “propose[] to revise and reorder the Board’s Rules for clarity and consistency and account for changes in technology, remove contradictions, resolve ambiguities, provide updated contact information to allow for some electronic communication by litigants appearing before the Board, and added two addendums: Equal Access to Justice Act Procedures and Alternative Methods of Dispute Resolution, previously not formally contained in the Rules.” Continue Reading

National Defense Industrial Association Dinner

Posted in Aerospace & Defense

This post was authored by Mike Rizzo.

We wanted to let you know that McKenna Long & Aldridge remains very active in the Southern California Aerospace and Defense Community.  In conjunction with the NDIA’s Conference in San Diego next month, on August 12 MLA will host an invite-only National Defense Industrial Association dinner at the Vela Restaurant in San Diego, California.  Our guest speaker, Dr. Tai Ming Cheung, will address “What China Means to the U.S. Defense Industry”.  Dr. Tai Ming Cheung currently serves as the Director of the Institute on Global Conflict and Cooperation.  Dr. Chueng has long been considered an expert analyst on Chinese and East Asian defense and national security affairs.  This presentation will provide strategic insight into the world of cyber security concerns. Continue Reading

San Diego Briefing

Posted in Compliance, Events, Government Contracts Briefing Series

This post was authored by Mike Rizzo.

We are excited to announce that we will be back in San Diego on September 10 to perform our annual Government Contracts briefing. The event will take place at the spectacular Grand Del Mar.  We have not yet decided on whether the briefing will be all day or morning only. Either way, we wIll showcase a lineup of speakers from several of McKenna Long’s key practice areas across Southern California. We will address government contracts, real estate, corporate and IP issues that impact contractors in the San Diego community. We are still finalizing the agenda, but the discussions will focus on compliance and risk issues. Continue Reading

Unmanned Aircraft Systems (UAS) Practice Group

Posted in Events


Section 333 Approvals:

Preparing, Filing and Obtaining Them

September 8, 2014

1:00 – 3:00 pm EDT


The Federal Aviation Administration (FAA) is currently scheduled to issue its small UAS Notice of Proposed Rulemaking (NPRM) in the fall of this year. This will mark the beginning of a formal rulemaking process that will last one to two years. In the meantime, the FAA has announced that it will accept applications under Section 333 of the FAA Modernization and Reform Act of 2012 to permit certain commercial UAS operations prior to the completion of the formal rulemaking process. Continue Reading

Proposed Update to DFARS Business Systems Rule Would Impose Significant Burden on Contractors to Self-Assess and Self-Report on System Compliance

Posted in Business Systems, Compliance

This post was co-authored by Michael McGuinn and Thomas Lemmer.

On Tuesday, July 15th, DOD issued a proposed rule that would update the DFARS Business Systems Rule to require contractors to self-assess and report on business system compliance.  Contractors with estimating systems, accounting systems, and material management and accounting systems subject to the Business Systems Rule requirements would be required to provide a report on compliance with the relevant system criteria.  These same systems also would be subject to a triennial audit by an independent contractor-selected Certified Public Accountant (“CPA”) to assess the contractor’s compliance with the applicable system criteria.  Continue Reading

Final Rule issued for USML Category XI (Military Electronics)

Posted in Export Controls

Export control reform took another step forward earlier this month, with the publication of the State and Commerce final rules relating to military electronics (USML Category XI).  As with previous reform initiatives, the changes make the USML list of controlled items a positive one rather than a catch-all and moves certain formerly ITAR-controlled items to the Commerce Control List.  Most of the changes will take effect December 30, 2014.  The State Department rule also makes certain changes to Category VIII (Aircraft) that will take effect in August.  These relate to wing folding systems.  Links to the new rules are below.