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Government Contracts Advisor

Industry Insights & Analysis

COFC Decision Rejects Government’s Argument That The Contractor Was Required To File A Claim To Assert An Affirmative Defense

Posted in Government Contracting

This post was co-authored by Elizabeth A. Ferrell, Justin M. Ganderson and Sandeep N. Nandivada.

When the Federal Circuit issued its 2010 Maropakis decision, many in the government contracts bar immediately grew concerned about the potential application and scope of that decision.  However, subsequent Court of Federal Claims (COFC) and Boards of Contract Appeals (BCAs) decisions have generally (and appropriately) placed certain boundaries on Maropakis, and provided some clarification about its scope.  The COFC’s decision in Total Engineering is no different, but presents an additional twist.   Continue Reading

Construction Law and Federal Contracting Breakfast Series: Federal Prevailing Wage Requirements and Issues on Construction Projects

Posted in Construction, Events

Come join us for the second briefing of the six-part breakfast series entitled, Construction Law and Federal Contracting, hosted by MLA and the San Diego Chapter of the Associated General Contractors of America (AGC). On February 12th, MLA attorneys Laurence Phillips and Jim McNeill will lead a session titled “Federal Prevailing Wage Requirements and Issues on Construction Projects” covering key provisions of the Davis-Bacon Act and related issues involving construction projects. Don’t miss the chance to interact with key personnel from MLA during this 90-minute discussion.

Full 2015 Breakfast Series Schedule:

January 8, 2015 Federal False Claims Act on Construction Projects
February 12, 2015 Federal Prevailing Wage Requirements and Issues on Construction Projects
March 12, 2015 Miller Act (Payment Bond) Actions on Federal Projects
April 9, 2015 Compliance With Federal Small Business Size and Status Rules and   Subcontracting Plans
May 14, 2015 Claims and Termination on Federal Projects
June 11, 2015 Government Contracts Compliance and Investigations


Click here for more details and to register.

Cuba’s Doors Begin To Open To U.S. Government Contractors

Posted in International Government Contracts

This post was co-authored by Allen B. Green, Jason M. Silverman and Sandeep N. Nandivada.

On December 17, 2014, President Obama announced that the United States would establish diplomatic relations with Cuba and reduce the travel and trade restrictions that have been in place for more than five decades.  Today, the Department of the Treasury’s Office of Foreign Assets and Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) took the first steps toward making that a promise a reality.  OFAC and BIS each issued final rules to implement President Obama’s new Cuba policy.  Continue Reading

2015 Construction Law and Federal Contracting Breakfast Series

Posted in Construction

2015 is just a few weeks away.  Before your calendar fills up, make sure you save time for a six-part breakfast series entitled, Construction Law and Federal Contracting, hosted by MLA and the San Diego Chapter of the Associated General Contractors of America (AGC).  The breakfast series will be held on the second Thursday of each month at the AGC’s San Diego headquarters.  Join us on January 8, 2015, for the kick-off breakfast, “The Federal False Claims Act on Construction Projects.”  During this 90-minute session, MLA attorneys Laurence Phillips and Jae Park will lead a discussion regarding FCA provisions, how they apply on federal construction projects, recent changes and trends and best practices to mitigate exposure to liability. Continue Reading

Cybersecurity Legislation Heating Up

Posted in Cybersecurity

This post was co-authored by Elizabeth A. Ferrell and Michael J. McGuinn.

Congress recently passed a host of significant cybersecurity bills highlighting the government’s increased emphasis on cybersecurity.  Legislation passed last week mandates reporting of cyber incidents for “operationally critical contractors,” codifies the increased cybersecurity roles of the Department of Homeland Security and the National Institute of Standards and Technology, contains important updates to the Federal Information Security Management Act of 2002, and emphasizes the government’s need to develop qualified government cybersecurity personnel.

Please see our recent advisory for more detail on this topic.

MLA DC Office to Host ABA Committee Panel on Government Claims

Posted in Government Contracting

On Wednesday, November 12, 2014, at noon MLA’s DC office (located at 1900 K Street NW) will host the ABA PCLS Contract Claims and Disputes Resolution Committee’s monthly meeting, which will feature a panel discussion about government claims.  Justin Ganderson will be moderating a panel comprised of Judge Lynda T. O’Sullivan (ASBCA), Beth Ferrell (MLA, Partner), Paul Pompeo (Arnold & Porter, Partner), David Koeppel (Counsel for Procurement and Contracts at United States Department of Labor, Office of the Solicitor) and Robert Neill (Trial Attorney, Contract & Fiscal Law Division, U.S. Army Legal Services Agency).  They will be discussing a variety of topics, including the CDA’s 6-year statute of limitations, the impact of the Federal Circuit’s 2010 M. Maropakis Carpentry decision (finding that the contractor was required to file a claim in order to raise certain defenses to the government’s liquidated damages assessment and set-off), the ASBCA’s recent Beechcraft Defense Company decision (ordering the government to file a complaint regarding its underlying claim), the factors the government reviews when deciding whether to assert a claim against a contractor.  Please contact Justin Ganderson if you would like to attend in person or by phone.

Commerce Department Imposes New Restrictions on Exports to Venezuela

Posted in Export Controls, Government Contracting

Today, the Bureau of Industry and Security (BIS) imposed military end use and end user licensing requirements on exports to Venezuela.  This new restriction parallels the existing restrictions in place regarding China (for military end uses) and Russia (for both military end uses and end users).  It prohibits unlicensed exports to Venezuela of certain items subject to the EAR that the exporter knows are destined for military end users or end uses, as those terms are defined in the rule.  Continue Reading

MLA Attorneys to Participate in Webinar About Opportunities in Government Contracting for IT and Commercial Companies, and How Companies Can Stay Out of Trouble

Posted in Government Contracting

This post was co-authored by Frederic M. Levy and Justin M. Ganderson.

On November 12, 2014 from 1:30 pm to 3:00 pm ET, our colleagues Mike Rizzo, Gary Chadick and Todd Canni will present at a PCI webinar entitled “IT and Service Contracting with the Government: How Commercial Companies Can Stay Out of Trouble and Off the Radar.”  Their presentation will focus on the federal government contracting opportunities that IT and commercial companies have to increase their revenue.  The webinar also will discuss: (1) developments in the Department of Defense’s Mandatory Disclosure Rule; (2) how to mitigate litigation, government investigation, and suspension and debarment risks by creating a culture of compliance; and (3) best practices in ethics and compliance.  (CLE, CEU, and CPE credit may be earned.)  This is a great learning opportunity, and shouldn’t be missed.

DLA Energy Seeks to Privatize the Utility Systems at Ft. Riley, Kansas

Posted in Government Contracting, Privatization

This post was co-authored by Robert E. Tritt, Stephen M. Sorett Sandy Hoe and Justin M. Ganderson.

Last Friday, DLA Energy issued a Source Sought Notice SPE600-15-R-0800 to determine the market interest in privatizing the electric, natural gas, water and wastewater utility systems at Ft. Riley, Kansas under 10 USC § 2688.  Privatization efforts, like this one, normally involve at least two transactions for each system: (1) conveyance of the utility system; and (2) acquisition of utilities services. These opportunities present a win-win for the government and contractors because (1) they allow the government to leverage private financing to recapitalize and improve its utilities infrastructure, and (2) they provide contractors with a long-term utility services contract with a commitment of up to 50 years.  Interested parties must submit a statement of interest no later than 4:00 pm ET on November 24, 2014.  At a minimum, the statement must identify the company’s: (1) capability and experience; (2) financial capacity; (3) understanding of and capability of complying with any applicable utility law and franchise requirements; (4) understanding of and capability of complying with applicable environmental laws and regulations; (5) primary point of contact; (6) business size; and (7) status as a regulated or non-regulated utility.  Given our prior experience counseling UP contractors regarding each type of utility system (read our prior advisory regarding our recent success at Ft. Bragg) and all facets of federal government contracting matters, we are well-positioned to assist an interested party in submitting a statement of interest and a potential proposal.  The bottom line: this is a great opportunity for contractors, and it is critical that you submit a statement of interest, as a lack of interest in this requirement make keep this effort from moving forward.

DLA Energy Releases Solicitation for Major Solar and Wind Renewable Project at Ft. Hood, TX

Posted in Uncategorized

MLA Contacts: Justin Ganderson, Bob Tritt, Steve Sorett and Brian Cruz

Late last week, DLA Energy issued a solicitation for the “procurement of Energy from solar and wind renewable resources and conventional power” located at Fort Hood, TX.  This presents a major opportunity for an energy company to service the electrical energy requirements of the largest active duty post for the Army, which has peak energy demands of approximately 110 MW.  Essentially, the solicitation calls for a contractor to (i) provide “all labor, material and capital to design, build, own, operate and maintain” a solar renewable energy generation system located on Ft. Hood; and (ii) to “construct, operate and maintain a facility offsite, which is able to deliver renewable energy generated from wind turbines to” Ft. Hood.  In turn, the Installation will purchase renewable energy and conventional electricity from the successful offeror.  The period of performance may be up to 30 years.  Given our prior efforts, focus and representation of developers of renewable energy projects on military bases and utility privatization contractors, we are well positioned to help any potential offeror navigate through the idiosyncrasies of federal government contracting in an efficient and effective manner.  Please contact us with any questions about this opportunity.