New FAR Provision Requiring Faster Payment to Subcontractors On Horizon

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12/19/2012Lowenstein, Neil S.

A proposed rule is scheduled for publication in the Federal Register today that would add a new FAR clause requiring accelerated payments to small business subcontractors. This would implement the temporary policy by the Office of Management and Budget, Policy Memo M-12-16, July 2012. Accelerated payments would be to the “maximum extent possible” and tied… Read more »

Safety Checklist Being Considered by OSHA Advisory Panel for Federal Projects

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12/07/2012Lowenstein, Neil S.

OSHA’s Advisory Committee on Construction Safety and Health released information at its recent November 28 meeting that it is drafting a proposal that would require construction companies bidding on federal projects to provide details about their safety records and preventative programs, and that they are developing a checklist for that purpose. The information requested was… Read more »

Virginia Supreme Court Adopts Supervisor Liability Cause of Action

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11/13/2012Lowenstein, Neil S.

In an extension of wrongful discharge liability, the Virginia Supreme Court recently concluded in the recent majority decision in VanBuren v. Grubb that supervisors could be sued in tort for their involvement in a wrongful discharge. The majority court rejected the minority position that only an employer has the ability to hire or fire employees,… Read more »

GAO Sets Notice Standard for Price Realism Evaluations

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11/07/2012Lowenstein, Neil S.

On October 18, 2012, the General Accountability Office (GAO) issued its decision in Emerigent Technologies, Inc., B-407006 addressing an agency’s use of price realism evaluations. While the GAO reaffirmed that agency’s have that discretion, the GAO emphasized that before an agency can do so it must provide clear notice alerting offerors of that intention. The… Read more »

Kickbacks Lead to 87 Months

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10/29/2012Lowenstein, Neil S.

One would think kickbacks were a sad thing of the past, but the U.S. District Court for the District of Columbia recently sentenced a contracting executive to 87 months in prison and to pay more than $9.4 million in restitution in U.S. v. Kahn, D.D.C., No. 1:11-cr-00276, sentencing 10/18/12). The executive pled guilty to one… Read more »

Constructively Debarred Contractor Allowed to Proceed with Claims for De Facto Debarment and Contractual Interference

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10/05/2012Lowenstein, Neil S.

Ever think a government officially was unofficially blackballing you? Sebastian Phillips and his company, Marine Design Dynamics, felt so and filed suit in the U.S. District Court for the District of Columbia (Phillips v. Mabus, D.D.C. No. 11-2021) seeking money damages for de facto debarment and interference with contract after they felt the Navy systematically… Read more »

Container Repair Facilities and Longshore Coverage

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10/03/2012Vandeventer Black

Two recent U.S. Court of Appeals decisions analyze the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) coverage requirements with regards to shipping container repair facilities. Under the LHWCA situs requirement, the place where an injury occurs must 1) have a geographic nexus with maritime activity; and 2) a functional nexus with maritime activity.  For the… Read more »

E-Verify Program Extended to September 30, 2015

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10/01/2012Lowenstein, Neil S.

On September 28, 2012, President Obama signed into law, S.3245 reauthorizing and extending the E-Verify immigration program for more three years to September 30, 2015. The program was set to expire September 30. Initially a voluntary program, E-Verify is now mandatory for federal contractors and some employers in some states. Click Here to view the… Read more »