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Documents on Government Contracts
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|California Takes Significant Strides Toward Design-Build|
A. Haviva Shane, Wendy Y. Wang; Best Best & Krieger LLP;
October 23, 2014, previously published on October 20, 2014The adoption of Senate Bill 785 signifies strong movement toward authorizing design-build procurement in California at the state and local agency levels. SB 785, effective Jan. 1, repeals several design-build statutes previously adopted by the Legislature for the purpose of testing the...
|Amendments to the Federal Rules Make Discovery Better, Faster, Cheaper|
Steven A. Neeley; Husch Blackwell LLP;
October 23, 2014, previously published on October 15, 2014Contractors know that discovery is the most time-consuming and expensive part of litigation. Until now, the Federal Rules of Civil Procedure have done little to address the problem. Parties that preserve too much data are burdened with the cost of collecting and reviewing it. Parties that preserve...
|How Far Can Quebec’s Public Authorities Go When Evaluating a Contractor’s Performance?|
Yvan Houle; Borden Ladner Gervais LLP;
October 21, 2014, previously published on October 06, 2014The Quebec Government has provided public authorities with a means to evaluate a contractor’s performance on a given project and, where a negative evaluation is issued, the contractor may be barred from responding to any further call for tenders issued by the public authority for the...
|Does Your Government Contracts Matter Need a Second Look?|
Ralph Pope, David B. Robbins; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
October 21, 2014, previously published on October 2, 2014Corporate counsel facing costly or significant government contracts investigations, disclosures, claims, litigation or transactions matters are increasingly in a difficult situation. Their budgets are squeezed, in house manpower is at a bare minimum and, at least in the government contracts and...
|Subcontractors Beware: An Agreement to Sponsor an Appeal May No Longer Be Enough|
Taft Stettinius Hollister LLP;
October 9, 2014, previously published on September 26, 2014The Armed Services Board of Contract Appeals’ (“ASBCA”) jurisdiction is limited by law to prime contractors. For the ASBCA to exercise jurisdiction over a subcontractor’s claim, a subcontractor’s appeal must be sponsored by the party in privity with the United States...
|What’s New Out There? Highlights from the Federal Register|
Fatema K. Merchant, Emily S. Theriault; Sheppard, Mullin, Richter & Hampton LLP;
October 9, 2014, previously published on September 29, 2014The U.S. Small Business Administration (“SBA”) proposes to increase small business size standards for: (1) 209 industries in North American Industry Classification System (NAICS) in the manufacturing sector; and (2) industries with employee based size standards not part of...
|The First Test of the Supplier Integrity Rules|
Robert A. Glasgow, Brenda C. Swick, Tyler Wentzell; McCarthy Tétrault LLP;
October 9, 2014, previously published on September 29, 2014Public Works and Government Services Canada (PWGSC) has announced that it is examining the effect of Hewlett Packard’s (HP) guilty plea to charges of bribery regarding that company’s contracts with the federal government. This is PWGSC’s first publicly announced application of its...
|Legislation Broadening Infrastructure Financing Districts Signed by Gov. Brown|
Sigrid K. Asmundson, T. Brent Hawkins, Seth Merewitz, Jake Vollebregt; Best Best & Krieger LLP;
October 8, 2014, previously published on October 6, 2014Four bills affecting infrastructure financing districts, a funding mechanism for infrastructure and development projects that benefit the broader community, were recently signed by Gov. Jerry Brown. IFDs, created in 1990, have garnered renewed interest after the dissolution of redevelopment in...
|Court of Appeal Issues Decision Clarifying the Applicability of Prevailing Wage Law to Offsite Fabrication of Materials|
Rebecca Chaparro, Tyree K. Dorward; Best Best & Krieger LLP;
October 7, 2014, previously published on September 30, 2014The California Court of Appeal has ruled that fabrication of materials for a public works project is not subject to California’s prevailing wage law if it occurs at a “permanent, offsite manufacturing facility, the location and existence of which is determined wholly without regard to...
|OFCCP Issues New Scheduling Letter and Itemized Listing - Federal Contractors Must Act Quickly to Ensure Compliance|
Linda Cavanna-Wilk, Bari L. Goldstein, Karen M. Tyner; Ford & Harrison LLP;
October 7, 2014, previously published on October 2, 2014Executive Summary: On September 30, 2014, the Office of Federal Contract Compliance Programs ("OFCCP") published a Notice in the Federal Register announcing a newly approved Scheduling Letter and Itemized Listing. The Itemized Listing, used in conjunction with the Scheduling Letter,...