Thursday, February 25, 2021

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Draft of E-Commerce Law Published for Comment in China

The Standing Committee of the National People’s Congress of China has published a full draft of the E-commerce Law for public comment. The draft prescribes specific protections for the personal information of e-commerce customers and actions companies must take in the wake of a data breach. Under the law, when there is a breach or […]
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House Passes Third Major Deregulatory Bill

On Wednesday, the House passed the Regulatory Accountability Act (H.R. 5), which would require rulemaking agencies to choose the lowest cost alternatives, freeze major promulgated rules if challenged in court, remove the judiciary’s “deference” to agency interpretations of statutes, and better factor in the rules’ impacts on small businesses. More at Government Executive
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Bradley Publishes Annual Review of FCA Developments

Bradley Arant Boult Cummings has published its annual review of significant False Claims Act cases, developments, and trends. The review features observations and insights from 19 of Bradley’s FCA practitioners, who address areas such as materiality, falsity, the knowlingly standard, and false certifications. The review also covers the Supreme Court’s decision in Escobar and early […]
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Final Rule Mandates Uniform Use of Line Items

Effective today, a new final rule amends the FAR to establish the uniform use of line items in federal procurements. The uniform line item structure is designed to improve the accuracy, traceability, and usability of procurement data. The rule is effective January 13, 2017, but agencies have until October 1, 2019, to apply the requirements. More at […]
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Final Rule Prohibits Reimbursement for Congressional Investigations and Inquiries

A new final rule published today amends the FAR to provide additional requirements relative to the allowability of costs incurred by a contractor in connection with a congressional investigation or inquiry. The fiscal year 2015 National Defense Authorization Act included language disallowing costs incurred by a contractor in connection with a congressional investigation or inquiry […]
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Final Rule Clarifies SBA 8(a) Program Rules

Effective January 13, 2017, a new final rule amends the FAR to implement regulatory clarifications made by the Small Business Administration regarding the 8(a) program. The rule provides additional guidance for the evaluation, offering, and acceptance process; procedures for releasing a requirement for non-8(a) procurement; and information on the effect exiting the 8(a) program will have […]
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Final Rule Bars Contracting with Firms Requiring Confidentiality Agreements Restricting Whistleblowers

A final rule published today amends the FAR to prohibit the use of funds for a contract with an entity that requires employees or subcontractors to sign an internal confidentiality agreement that restricts such employees or subcontractors from lawfully reporting waste, fraud, or abuse to a designated government representative. This rule applies to all solicitations and […]
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Final Rules Raises Acquisition Threshold for Special Emergency Procurement Authority

A new final rule amends the FAR to raise the simplified acquisition threshold for special emergency procurement authority from $300,000 to $750,000 (within the United States) and from $1 million to $1.5 million (outside the United States). The rule applies to acquisitions of supplies or services that, as determined by the head of the agency, […]
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Contractor Equipment Seized by Foreign Government Gives Rise to Plausible Fifth Amendment Taking Claim;...

The government’s motion to dismiss a claim for reimbursement of the cost of contractor-owned vehicles seized by a foreign government is denied, where the agency was aware of the foreign officials’ interference in the work of numerous contractors in the area, and the Court of Federal Claims concluded that it was plausible that a Fifth […]
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Agency Mistakenly Calculated Lease Operating Cost Adjustments Based on Previous Year’s Costs, Not on...

Appeal of a contracting officer’s denial of a claim for operating cost adjustments for the term of a five-year lease extension is granted, where the agency mistakenly calculated the increase in operating cost adjustments using a year-to-year comparison, rather than calculating the change compared to the base year, as provided in the lease agreement; and […]
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