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| Government & Construction Contracts |
What Do You Mean I Waived My Right to Arbitrate? Part II - 04/05/06
Construction Contracts
April 5, 2006
Curtis James Romig
In Part I, we warned about the dangers of failing to carefully craft and follow an arbitration provision. However, even parties who draft and enter into a valid and enforceable arbitration provision can lose their right to arbitrate if they do not consistently object to improper litigation, assert their right to arbitrate in that litigation, and refuse to meaningfully participate in the litigation as two recent cases below demonstrate.
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What Do You Mean I Waived My Right to Arbitrate? Part I - 03/09/06
Government & Construction Contracts
March 9, 2006
Curtis James Romig
Dispute resolution provisions with mandatory mediation and arbitration provisions are so common in certain contracts, particularly private construction contracts, that their enforceability is often taken for granted. A recent Florida case involving a renovation project with unanticipated mold damage illustrates the consequences of poorly drafting such a clause and then not strictly complying with it.
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Government And Contractor Ethical Lapses Subject Of GAO Review - 8/05/05
Government & Construction Contracts Alert
August 5, 2005
John H. Horne
The Government Accountability Office has taken note of significant lapses in ethical and procurement integrity in Department of Defense contracting. In a recent report, "Defense Ethics Program: Opportunities Exist to Strengthen Safeguards for Procurement Integrity," the GAO concluded that additional ethics training and counseling for government employees at the DOD and its contractors were required.
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So You Want A Sole Source State or Local Government Consulting Contract? DC Shows How It Shouldn't Be Done - 7/13/05
Government Contracts
July 13, 2005
DC Administrator Robert C. Bobb acknowledged that he recommended former associates from Oakland California, for city work but denied ordering anyone to give them contracts. It later became clear, and Administrator Bobb admitted, that "his staff did not follow proper procedures when awarding the contracts" on a sole source basis and followed up his admission with a commitment to assure it did not happen again. The subsequent report issued by the Office of the District of Columbia Auditor states that the transactions were not "free from the appearance of preferential treatment." The report identifies problems arising from "acknowledged longstanding deficiencies" in district procurement and provides lessons for all officials awarding and contractors receiving award of sole source contracts.
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Timeliness Of Proposal Submissions: GAO, CAFC And COFC Issue Decisions - 6/30/05
Government & Construction Contracts Client Alert
June 30, 2005
Carl A. Gebo
Preparing proposals and quotations are difficult, time-consuming and expensive. In comparison, getting the proposal submitted on time looks simple. But far too often, contractors are missing delivery due dates and time deadlines, suffering the adverse consequences. Three recent cases illustrate this problem.
Also in this Alert: The Medicare Retiree Drug Subsidy: HIPAA Issues For Employer And Union Plan Sponsors And Their Insurance Issuers; Davis-Bacon Act Does Not Preempt State Prevailing Wage Rates On Federally Funded State Roadway Construction Projects; GAO: Successful Protesters Must Request Costs Upon Receipt Of Opinion, Not After Redaction.
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Government Says Contractors Owe Taxes; Members Of Congress Call For Debarring Contractors - 6/17/05
Government Cntracts
June 17, 2005
Carl A. Gebo
John H. Horne
The U.S. Government Accountability Office (GAO), an arm of Congress, testified before the U.S. Senate on June 16 that a study of government contractors shows that as many as 33,000 civilian contractors owe the Government more than $3 billion in unpaid taxes. GAO matched government contractor records with files of the Internal Revenue Service (IRS) to identify the contractors.
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Diagnostic Products Corp. and Chinese Subsidiary Agree to Fines for Violating the FCPA - 5/30/05
Foreign Corrupt Practices Act Client Alert
May 30, 2005
William Steinman
On May 20, 2005, Diagnostic Products Corp. ("DPC") and a wholly-owned Chinese subsidiary reached an agreement with the U.S. Securities and Exchange Commission (the "SEC") to settle a probe of alleged violations of the Foreign Corrupt Practices Act (the "FCPA"), and agreed to pay disgorgement of $2,038,727 and prejudgment interest in the amount of $749,895.
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Implied Contracts, Unsolicited Proposals and Proprietary Data - 5/26/05
Government Contracts Client Alert
May 26, 2005
Carl A. Gebo
In this Alert: Implied Contracts, Unsolicited Proposals and Proprietary Data; GAO Denies Protester's Argument that RFP was Ambiguous as Applied to Awardee; Services Contractor Can't Recover Increased Costs for a Defined-Benefit Plan Under a CBA; Georgia Legislation Creates State Licensing Board for Residential and General Contractors
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New GAO Rule Allows Agency Officials to Protest A-76 Decisions - 4/27/05
Government Contracts Client Alert
April 27, 2005
Carl A. Gebo
In this Alert: New GAO Rule Allows Agency Officials to Protest A-76 Decisions; GAO Clarifies When Knowledge of Adverse Agency Action on Non-Business Days Starts Bid Protest Filing Period; Iraq Contracts Subject to Federal Claims Act Argues Justice Department; Defense Department Publishes Final Rule on UID - Unique Item Identification; Oral Amendments to Solicitations Need Not Be Formalized, GAO Affirms; Georgia Court of Appeals Undercuts "Insured Contract:" Construction Indemnitees Need to be Named as "Additional Insured;" Another Problem for Schedule and Other Contracts: Overly Narrow Specifications
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Georgia Court Of Appeals Protects Housing Authorities From Liens - 03/30/05
Government & Construction Contracts
March 30, 2005
Carl A. Gebo
Georgia public owners gains a significant protection through a recent ruling of the Georgia Court of Appeals that holds that a contractor who placed a lien on property held by a housing authority had "no right under Georgia law to place a lien on the Housing Authority's property."
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Record Fines Imposed on Titan for FCPA Violations - 03/04/05
FCPA Client Alert
March 4, 2005
William Steinman
On March 1, 2005, Titan settled the enforcement action brought by the U.S. Securities and Exchange Commission for violations under the U.S. Foreign Corrupt Practices Act (the "FCPA") and agreed to pay approximately $15.5 million in disgorgement of monies obtained as the result of FCPA violations and a $13 million civil penalty.
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Court Reinforces Limits on Subcontractors' Third Party Beneficiary Status - 01/27/05
Government Contracts
January 27, 2005
The U.S. Court of Federal Claims in two recent cases involving subcontractors' appeals to be third party beneficiaries under government prime contracts reinforced standards determining who has authority to obligate the government and create third party beneficiaries. The Court applied federal common law governing U.S. government contracts using the same principles of contract law applicable to private individuals. Because subcontractors are not parties to the prime contract, subcontractors must prove that a government official with authority bound the government to extend third party benefits to the subcontractors.
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Georgia's Right To Repair Act of 2004 - 01/05
Construction Law
Carl A. Gebo
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InVision's FCPA Settlement - 1/21/04
International
December 21, 2004
Robert Clifton Burns
William Steinman
In the December issue of the International Client Alert we discuss:
* InVision's FCPA Settlement
* New Rules Ease Sanctions on Literary and Scientific Exchanges with Cuba, Iraq and Sudan
* Supreme Court Extends Carriage of Goods at Sea Liability Limits to Multimodal Transport
* BIS to Issue New Rules on Installed Base in Libya
* Commerce's Interim Regulations Revise Licensee's Responsibility to Communicate License Conditions
* The Directorate of Defense Trade Controls Announces Embargo on Arms Exports to the Ivory Coast
* Proposed Changes in OFAC Rules on Cuban Payments for Agricultural Goods Might Violate Law
* There's a New Sheriff in Town
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SBA Notice Suggests Controversial Size Standard Changes; Rules for SBIR Companies Backed by VCs Also Under Review - 12/20/04
Government Contracts
December 20, 2004
The Small Business Administration ("SBA") is seeking public comments on two controversial procurement issues relating to small business contracting. The first relates to SBA's proposed restructuring of its size standards.
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Lockheed Decision Underscores Companies' Need to Fully Assess Contract & Sub-Contract Risk Shifting - 12/14/04
Government Contracts
December 14, 2004
In the unusual case of Lockheed v. Lockheed, Idaho Federal District Judge B. Lynn Winmill underscores the need to fully assess risk shifting provisions in contracts and subcontracts before bidding, including, as a threshold matter, the basic contract type.
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SARA Reform Effort Stirs Controversy
Government Contracts
Several provisions of the Acquisition System Improvement Act ("ASIA") (H.R. 4228), which is supposed to modernize and streamline the process employed by the U.S. Government for the purchase of goods and services, are considered controversial.
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Section 326 of The USA Patriot Act for Banks: Customer Identification Procedures - 06/03
Homeland Security
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Final Rules Implementing Section 326 of The USA Patriot Act for Broker-Dealers: Customer Identification Procedures - 06/03
Homeland Security
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