Fox Speaks: Government Record Retention Under the FAR

This Thursday, June 29 (1:00 – 2:30 EST), I will be hosting a webinar to discuss document retention requirements for government contractors. Implementing corporate document retention policies is an essential business practice for two reasons: First, there is a legal duty for contractors to comply with contractual document retention requirements.  View Full Post
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Rare Court Case Sheds Light On U.S. Sanctions Enforcement

California company accused of sanctions violations challenges U.S. Treasury Department Appeals court generally sides with government but remands because of arbitrary and capricious decision related to five alleged violations Traditional interpretation of “inventory exception” is considered by Court It is rare for companies to go to court to fight penalties imposed by the Office of Foreign Assets Control (OFAC) for violations of U.S. View Full Post
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Uptick in Buy American Enforcement Means Increased False Claims Act Risks

Following Executive Order 13788 issued April 18, 2017, “Buy American and Hire American,” contractors and subcontractors should prepare for increased enforcement of the Buy American Act (BAA), Buy America legislation, the “Little Buy American Acts,” and related civil or criminal prosecution under the False Claims Acts (FCA). View Full Post
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Beware: Stock Performance Based Executive Compensation is an Unallowable Cost Under the FAR

It is common for corporations to compensate executives (and other employees) based upon stock price performance.  Tax implications lend support for this practice with respect to high-paid employees, as executive compensation is only deductible up to a limit of $1 million per year, so companies are inclined to compensate executives with stock performance-based compensation because it is not subject to a deductible cap. View Full Post
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The Long Arm of U.S. Sanctions: Penalty Imposed Against Canadian Subsidiary of U.S. Subsidiary of Japanese Company

American Honda Finance Corporation pays for alleged violations of U.S. sanctions on Cuba Violation committed by American Honda’s subsidiary in Canada Penalty underscores breadth of U.S. jurisdiction, importance of compliance reviews On June 8, the Office of Foreign Assets Control (OFAC) announced a monetary penalty against American Honda Finance Corporation (American Honda) for alleged violations of the Cuban Assets Control Regulations (CACR), the primary regulations by which the United States imposes economic sanctions on Cuba.  View Full Post
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Fundamentals to Winning Bid Protests at GAO — Part 2: Framing Initial Protest Arguments with the Big Picture in Mind

7890051894_a68fa1ed9a_kThis post is the second in a multi-part series discussing the fundamental steps that protesters (and their outside counsel) can take to enhance their chances of success at GAO.  Previously, in Part 1 of this series, we discussed the importance of making the most of your debriefing.   View Full Post
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Oles Morrison’s Government Contracts Team Wins GAO Bid Protest Challenging Award of O/M Contract for Missile Defense Radar Vessel – SBX-1

060110-N-3019M-001In a decision publicly released June 5, 2017, the U.S. Government Accountability Office (GAO) ruled in favor of Oles Morrison’s client, TOTE Services, Inc. (TOTE), in a bid protest challenging the U.S. Navy – Military Sealift Command’s (MSC) award of $32 million O/M contract for the Sea-Based X-Band Radar (SBX-1).  View Full Post
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Labor Secretary Defends OFCCP-EEOC Merger

As previously reported, the Trump Administration’s proposed budget for fiscal year 2018 includes a plan to merge the Office of Federal Contract Compliance Programs (“OFCCP”) into the Equal Employment Opportunity Commission (“EEOC”). Pragmatically, this would add the OFCCP’s broad responsibilities to an already overburdened EEOC, without providing the EEOC any additional funding to accomplish its newly added workload. View Full Post
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Proposed Legislation Would Combat Terrorist Financing, Money Laundering

Proposed legislation targets current gaps in U.S. financial crime law and enforcement Bi-partisan Senate legislation would likely expand compliance obligations for banks and others in financial services industry Proposed legislation is in line with U.S. and international efforts to fight terrorism and trafficking through economic sanctions and anti-money laundering (AML) rules On May 25, 2017, Sen. View Full Post
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Responsibility Criteria V. Contract Performance Requirements – When Can You Protest?

Imagine a scenario in which a solicitation, calling in part for certain vehicle storage by bidders, requires that “[t]he contractor shall provide evidence that it has complied with all laws and ordinances associated with vehicle storage.  Applicable permits shall be kept current throughout the terms of the contract.”  Imagine then that a bidder does not demonstrate in its proposal that its intended vehicle storage facility has the necessary permits and is in compliance with state law and local ordinances regarding vehicle storage.   View Full Post
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