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Articles by Eric Whytsell
Check Your LED Lighting Supplies and Construction Materials or It Could Cost You | JD Supra
Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as domestic products “Made in USA.” These lighting products encompass LED lights, tubes and fixtures, including a line of LED products – called “Patriot Tubes.” The settlement is pending approval in federal court.
Georgia v. Biden Places Nationwide Stay on the Government Contractor Vaccination Mandate | JD Supra
Breaking news – Following an expedited briefing schedule and hearing, the United States District Court for the Southern District of Georgia, in Georgia v. Biden, No. 21-cv-00163, has issued a nationwide preliminary injunction staying implementation of the government contractor vaccination mandate under Executive Order (EO) 14042. The Court determined that the States of Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia, and the Associated Builders and Contractors, Inc.
White House Fact Sheet Results in Additional Questions for Government Contractors | JD Supra
On November 4, 2021, the White House released a fact sheet on the issuance of new OSHA ETS and CMS Rules and also addressed some changes to the previously announced EO 14042 federal contractor vaccination mandate. During last week’s White House press briefing, officials had suggested that the administration might at least delay implementation of the EO 14042 for federal contractor employees.
Biden’s Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries | JD Supra
Published on June 9, 2021, President Biden’s Executive Order on Protecting America’s Sensitive Data from Foreign Adversaries is the latest Executive Order seeking to strengthen national security by improving public and private sector capabilities and practices relating to cybersecurity and supply chain risks. As explained in a previous article, the first such Executive Order addressed five main areas.
Continuing Developments on the Supply Chain Front | JD Supra
Recent weeks have brought news on multiple fronts regarding supply chain risks and actions in response thereto: Commerce ICTS Regulations to Go Into Effect; Chinese ICTS Companies, Products and Services in the Headlights The Trump Administration rolled out regulations to implement prohibitions on the use or delivery of covered Chinese telecommunications and video surveillance products and services.
Protests Alleging an Unmitigated OCI Must Present “Hard Facts” Even When the Awardee Is the Incumbent | JD Supra
When an agency makes an award to the incumbent, the disappointed offerors often believe that the incumbent’s performance of the previous contract must have given it an impermissible leg up on the competition in the form of an organizational conflict of interest (“OCI”).
GSA Removes All But DoD-Approved Drones from MAS Contracts | JD Supra
In a move that has been expected for some time, the General Services Administration (GSA) announced on January 12, 2021 that it will remove all drones (as defined by 49 U.S.C. Ch. 448) from Multiple Award Schedule (MAS) contracts, except those drones approved by the Department of Defense (DoD) Defense Innovation Unit (DIU) through its “Blue sUAS” Program. The move represents the latest action by the federal Government to address national security threats from China.
GSA Removes All But DoD-Approved Drones From MAS Contracts
United States: GSA Removes All But DoD-Approved Drones From MAS Contracts 15 January 2021 Stinson To print this article, all you need is to be registered or login on Mondaq.com.
Challenging An Agency's Determination Of Urgent And Compelling Need Can Be An Uphill Battle
United States: Challenging An Agency's Determination Of Urgent And Compelling Need Can Be An Uphill Battle 07 December 2020 Stinson To print this article, all you need is to be registered or login on Mondaq.com. Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available based on the urgency of requirements or other grounds.
Challenging an Agency’s Determination of Urgent and Compelling Need Can be an Uphill Battle | JD Supra
Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available based on the urgency of requirements or other grounds.
If Your Proposal Makes The Agency Work Too Hard, You Have Only Yourself To Blame If You Don't Win
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If Your Proposal Makes the Agency Work Too Hard, You Have Only Yourself to Blame If You Don’t Win | JD Supra
If the first rule of proposal writing is “give the agency the information it asks for,” the most important corollary is “make the proposal easy to understand.” In other words, clarity and consistency is key; avoid anything in your proposal that might raise questions, confuse the evaluators, or otherwise detract from your message that you deserve to win the award.
Two Kinds of False Claims, the Same Bad Outcome | JD Supra
Leo Tolstoy famously began his 1877 novel Anna Karenina with the observation, “All happy families are alike; each unhappy family is unhappy in its own way.” Much the same could be said of government contractors that find themselves in hot water relating to false claims. Two recent settlements by government contractors remind us that there is more than one way to end up facing U.S. Department of Justice (DOJ) allegations that you have defrauded the Government.
Another (Minor) Step in the Evolution of Section 889(a)(1)(B) Obligations | JD Supra
In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. We previously reported on the Federal Acquisition Regulation (FAR) Interim Final Rule on Section 889(a)(1)(B)’s aspects of the ban, which applies to government contractors whether or not their use is for government contracts, and was scheduled to go into effect on August 13, 2020.
DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation | JD Supra
Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of telecommunications and video surveillance products and services from Huawei, ZTE, and other identified Chinese companies. The Administration has previously determined that the equipment and services provided by these companies poses an espionage threat to U.S. national security interests.
You Challenge the Award, You Best Come Ready to Play | JD Supra
Just as in golf swings, your follow-through in Government Accountability Office (GAO) protests can mean the difference between success and failure. And if you don’t have a solid argument to bolster your protest grounds, you might want to rethink bringing them in the first place.
Federal Contractors’ Compliance Responsibilities Just Got Easier, or Did They? | JD Supra
On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National Defense Authorization Act (FY19 NDAA).
Senate and House Make Progress in Passing the National Defense Authorization Act for Fiscal Year 2021 | JD Supra
A recent article on this blog reported on the contents of the Senate version of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), which had been rolled out of committee for consideration by the full Senate. The Senate has since passed its version (S. 4049) and the House has passed its own version of the bill (H.R. 6395). The House bill reflects some of the same concerns as its Senate counterpart, especially those relating to national security and supply chain risk.
Federal Contractors' Compliance Responsibilities Just Got Easier, or Did They? | JD Supra
On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National Defense Authorization Act (FY19 NDAA).
Beware Rogue Employees with a Taste for Fraud | JD Supra
As if more evidence were needed, a recent Department of Justice (DOJ) indictment provides another reminder of the importance of an effective compliance program—and the potential costs to contractors if their program doesn’t prevent fraudulent actions by individual employees. Last week, the DOJ announced it has entered into a non-prosecution agreement (NPA) with Alutiiq International Solutions LLC (AIS), a subsidiary of Afognak Native Corporation (Afognak) and an Alaskan Native Corporation.
Flouting Affiliation Rules When Pursuing Small Business Set-Asides Can Lead to FCA Woes | JD Supra
If you were somehow still wondering whether small businesses really need to be concerned about the affiliation rules in the Small Business Administration (SBA) regulations, the answer is a resounding “Yes.” Furthermore, running afoul of those rules can easily lead to liability under the False Claims Act (FCA), as most recently demonstrated by an Oklahoma contractor’s settlement with the Department of Justice (DOJ).
If the Solicitation Doesn’t Provide Enough Information for You to Bid Intelligently, Push for More | JD Supra
Ideally, an agency’s solicitation would provide comprehensive information about its requirements so that interested offerors each had what they needed to craft their best response to the agency’s actual needs. Such a situation would create a level playing field for competition and allow the agency to conduct a meaningful “apples to apples” evaluation to determine which offer would best fulfill those needs. Of course, solicitations sometimes fall short of this ideal.
DoD Issues Class Deviation and Guidance to Implement CARES Act Relief for DoD Contractors under Section 3610 | JD Supra
Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or leased facility or site, due to facility closures or other restrictions” and cannot telework during the COVID-19 public health emergency. As noted in a previous Stinson alert, section 3610 raised a number of questions.
In Case You Missed It: New Website Provides Acquisition-Related Coronavirus Information | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Everybody’s Crying National Security, Just as Long as There’s Business First | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
When Selecting Protest Grounds, Don’t Forget the Prejudice | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
How Soon Is Soon Enough for Corrective Action to Preclude Recovery of Protest Costs? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New Year, New Voluntary Self-Disclosure Policy for Export Controls and Sanctions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New Changes to the ITAR Focus on Unclassified Technical Data And the release of “Access Information” | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
When the Government Asks for Required Information, Answer (But First Make Sure You Have Prepared for the Question). | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Short Take: Proposed Rule Raises Certified Cost or Pricing Threshold to Implement Section 811 of FY18 NDAA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Your Proposal Says What It Says: The GAO Does Not Engage in Revisionist History | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Procurement Fraud Is Alive and Well—and Being Punished | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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