Legal Updates
The Department of Defense’s Inspector General Tells Army to Better Monitor Contractors’ Compliance with Small Business Subcontracting Plans or Determine that No Such Plans were Needed-57 Percent of Contracts Examined Not in Compliance
The Department of Defense's (DOD) Inspector General's (IG) office examined two Army Contracting Commands, Redstone and Warren, to determine whether or not the contracting officers were monitoring compliance with small business subcontracting plans. The IG also examined if the small business subcontracting plans were not provided, whether or not the contracting officers had examined if one was...
Size Appeal Untimely When Procurement was Stayed but Not Cancelled-Be Wary of the Timer Running
In Size Appeal of Chenega Support Services, LLC, SBA No. SIZ-5874, the SBA's Office of Hearings and Appeal (OHA) affirmed an area office finding that a size appeal was untimely for a procurement where the procurement was suspended/stayed but not cancelled. Appellant, represented by Piliero Mazza, unsuccessfully argued that the agency had undertook a new source selection, during a GAO protest...
Watch Out-Acquisition and Re-Certification may find a Firm Other than Small-GAO Decision
The FDA issued a Request for Proposals (RFP) for a small business set-aside. That set-aside was protested, and the agency took corrective action. Subsequently, when it issued the new RFP, as a part of that RFP, the agency required offerors to (re)-certify their size status as small. One firm that had previously qualified as small had been acquired during the initial protest period and could...
The Defense Contract Management Agency has Begun a Monthly Cyber Report on Violations of “Standard Mandatory Notice and Consent Provision for all DoD Information System User Agreements”
In a quickly changing landscape of cyber security, the Defense Contract Management Agency ("DCMA") has begun a monthly report on cyber violations for personnel that have violated the Department of Defense's ("DOD") "Standard Mandatory Notice and Consent Provision for all DoD Information System User Agreements." The violations are listed from low to high with the severity of the actions taken...
The National Institute of Standards Posted its Final Draft and is Seeking Comments on the Control of Unclassified Information and Security Requirements
The National Institute of Standards and Technology ("NIST"), a division of Commerce, is posting the Final Draft of Special Publication 800-171A, Assessing Security Requirements for Controlled Unclassified Information (CUI) and seeking comments on it. This 144-page publication is intended to help organizations develop assessment plans and conduct efficient, effective, and cost-effective...
Can a Big Law Firm Waive Attorney Client Privilege During an Internal Investigation Discussion with the Government? You bet. Know your Attorney/Know the Rules.
In a discovery dispute, a U.S. District Court of Miami, Florida, compelled production of a law firm's investigation it had performed for a company. That is, the corporate internal investigation work product/attorney client privilege was waived because the court found that the attorneys had given the Government an "oral download" of witness interview notes and memoranda that came from the...
Peeling Back the Compliance Audit-Part 4 in a Series
By: Christine V. Williams Regardless of the business line, companies must comply with various laws and/or regulations. The compliance audit that checks the adherence to those laws and/or regulations is generally not a one-time occurrence; rather, effective audits are periodic and build upon each other. The goal of a good audit should be to do the following: (1) monitor and minimize...
The Department of Justice May Move to Dismiss Meritless False Claims Act Actions brought by Qui Tam Plaintiffs-Compare to Yates Memorandum
The Department of Justice May Move to Dismiss Meritless False Claims Act Actions brought by Qui Tam Plaintiffs-Compare to Yates Memorandum By: Christine V. Williams This update will focus on the Department of Justice's ("DOJ") internal memorandum regarding the reiteration of the policy and likely enforcement that the DOJ may move to dismiss meritless False Claim Act ("FCA")...
Small Business Administration Issues Proposed Rule on the Determination of Veteran-Owned Business Ownership and Control for the Purposes of Federal Contracting-Comments Due March 30, 2018
The U.S. Small Business Administration (SBA) proposes to amend its regulations to implement provisions of The National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017). The NDAA 2017 placed the responsibility for issuing regulations relating to ownership and control for the Department of Veterans Affairs verification of Veteran-Owned (VO) and Service-Disabled Veteran-Owned (SDVO) Small...
The Department of Justice Announces its Final Rule for the Civil Monetary Penalties Adjustment-False Claims Act
By: Christine V. Williams On January 29, 2018, the Department of Justice (DOJ), announced its final rule adjusting the civil penalties fines under the 2015 Bipartisan Budget Act. This adjustment is only applicable to fines accessed after January 29, 2018, with respect to violation occurring after November 2, 2015, the enactment of the BBA. DOJ has increased False Claims Act (FCA) penalties...