Executive Order Advocates for Strengthening Buy American Requirements   

On April 18, 2017, President Trump signed the “Buy American Hire American” Executive Order (“EO”).  The EO restates the policy of the government to buy American.  Federal agencies are required to make an assessment of what the EO calls the “Buy American Laws” aimed at maximum use of United States materials. View Full Post
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Mitigating Economic Sanctions Risk

In an article published in the May/June 2017 issue of ABA Bank Compliance (a publication of the American Bankers Association), I provided insight on how banks can mitigate violations with the Office of Foreign Assets Control (OFAC). In January 2017, OFAC announced a settlement in which a large Canadian bank agreed to pay more than $500,000 in monetary penalties for 170 alleged violations of U.S. View Full Post
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Government Contracting 101: Duty of Good Faith and Fair Dealing

The contractual duty of “good faith and fair dealing” is well established in private contracts.  Depending on your jurisdiction, there is very likely either a formal or an informal rule that parties to a contract must deal with each other honestly and in good faith.  View Full Post
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Possible Constitutional Issues with Proposed State/Local Sanctions Against Contractors Working On President Trump’s Border Wall

President Trump has signed Executive Order 13767 that directs a wall to be built on the Mexico-United States border.  The Department of Homeland Security has sought proposals to design and build a prototype of the border wall, and many contractors have submitted offersView Full Post
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Buy American Executive Order Means Renewed Obligations for Government Contractors

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer laws governing entry into the United States of workers from abroad.  View Full Post
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Fox Speaks: Cybersecurity and More Regulations That Federal Contractors Need to Know

I’d like to you invite you to join Fox’s Government Contracts team of Reggie Jones, Doug Hibshman and Nick Solosky at the upcoming 2017 Associated General Contractors of American Federal Contractor Conference in Washington, DC. We will lead a presentation and discussion entitled “Updated Federal Regulations Contractors Must Know – Cyber Security, Ethics & Compliance, SBA All-Small Program & More,” from 3:30 to 5:30 p.m. View Full Post
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Does a Contracting Officer’s Mistake About the Reasons for a Termination Constitute Bad Faith or an Abuse of Discretion?

When a government contractor is terminated for reasons other than default, the response from the contractor is often to evaluate the contracting officer’s decision and rationale for the termination and determine if an appeal is warranted.  Government contractors sometimes appeal a contracting officer’s decision to terminate their contract by alleging bad faith and an abuse of discretion.  View Full Post
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President Trump’s Comments Stir Rumors of Possible Repeal or Suspension of the Davis Bacon Act

Nearly 100 days into the new presidency, all eyes are on which of his campaign promises President Trump will implement next.  One such promise put into motion is the President’s estimated $1 trillion infrastructure plan.  Touted during his campaign as a means to stimulate job growth, the President’s plan may come with more federal deregulation than the construction and government contracting industries anticipated, including possible repeal or suspension of the Davis Bacon Act (DBA). View Full Post
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April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification will be issued for your contract. View Full Post
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Tribal Employees Potentially Liable Under False Claims Act, Washington Federal Court Finds

A federal judge in the Western District of Washington has ruled that tribal employees may still be liable in their individual capacities under the False Claims Act, even if Native American tribes themselves are protected from such suits by sovereign immunity. View Full Post
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