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Department of Labor attempts to extend the "Christian Doctrine" to subcontracts

Sheppard Mullin Richter & Hampton LLP
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USA
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August 17 2010

It has long been questioned whether the "Christian Doctrine," pursuant to which mandatory contract clauses reflecting core procurement policy are incorporated into government prime contracts by operation of law, can be used to incorporate such clauses into subcontracts

Rush to judgment - FAR Councils propose daily compounding of interest for TINA violations

Sheppard Mullin Richter & Hampton LLP
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USA
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November 11 2010

We previously noted DCAA’s hasty implementation of the Court of Appeals for the Federal Circuit’s (“CAFC’s”) decision in Gates v. Raytheon Co., 584 F.3d 1062 (Fed. Cir. 2009), requiring daily compounding of interest on adjustments made to rectify Cost Accounting Standards (“CAS”) noncompliances

Federal "in-sourcing": new rules for inherently governmental functions

Sheppard Mullin Richter & Hampton LLP
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USA
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June 14 2010

On March 31, 2010, the Office of Federal Procurement Policy (“OFPP”) issued a proposed rule implementing the Federal Activities Inventory Reform Act of 1998 (“FAIR Act”), 31 U.S.C. 501. See 75 Fed. Reg. 16188

DCAA's promises of a "new mode of operation" leading to "mutually beneficial relationships" evaporate within less than three months

Sheppard Mullin Richter & Hampton LLP
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USA
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June 14 2010

Just three months ago, newly appointed DCAA Director Patrick Fitzgerald told contractors and acquisition agencies that his agency's new mode of operations would aim at developing "mutually beneficial relationships" with both contractors and DOD acquisition agencies

DCAA implements Federal Circuit decision requiring interest compounded daily on adjustments for CAS noncompliances

Sheppard Mullin Richter & Hampton LLP
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USA
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June 14 2010

Albert Einstein supposedly said that "the most powerful force in the world is compound interest."

FAPIIS: an update on the integrity database for government contractors

Sheppard Mullin Richter & Hampton LLP
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USA
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March 16 2011

We last discussed the Federal Awardee Performance and Integrity Information System ("FAPIIS") in June 2010

FAPIIs: an update on the integrity database for government contractors

Sheppard Mullin Richter & Hampton LLP
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USA
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March 16 2011

We last discussed the Federal Awardee Performance and Integrity Information System ("FAPIIS") in June 2010

DOD proposed rule would eliminate provisional award fee and defer substantial award fee payments

Sheppard Mullin Richter & Hampton LLP
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USA
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August 4 2010

The Department of Defense recently proposed a rule that would revise guidance for award-fee evaluations to require the incorporation of award-fee plans into all DOD award-fee contracts

Recovery Act update

Sheppard Mullin Richter & Hampton LLP
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USA
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July 6 2009

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), known popularly by a variety of names, including “ARRA,” the “Recovery Act,” and the “Stimulus Act.”

OFCCP's proposed equal employment opportunity rules: more on-site investigations, more data collected from contractors, closer scrutiny of contractor affirmative action

Sheppard Mullin Richter & Hampton LLP
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USA
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June 16 2011

The Office of Federal Contract Compliance Programs (“OFCCP”) recently proposed two rules that would, among other things, enhance the agency's investigative and enforcement capabilities and substantially increase the amount of EEO-related data it will collect from contractors

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