Government Contracts Monitor

E-Verify Contractor Rule Postponed for Third Time – Until June 30, 2009

On April 16, the Federal government again delayed the requirement that Federal contractors use the E-Verify program – DHS’ electronic immigration compliance system to confirm employees’ employment eligibility.

Recovery Act’s New FAR Clauses Add Complexity to Buy American Compliance for Construction Firms

On March 31, 2009, the Federal Acquisition Regulation (FAR) Councils unveiled interim “Buy American” regulations and FAR clauses applicable to construction projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA/Recovery Act).

Violation of Price Reduction Clause Leads to Record Settlement by GSA Contractor

NetApp (formerly Network Appliance) has agreed to pay $128 million to settle a lawsuit alleging that it violated the False Claims Act (FCA), 31 U.S.C. §3729 et seq., by failing to offer the Government its best commercial pricing in violation of the terms of its General Services Administration (GSA) schedule contracts. The settlement was finalized April 15, 2009.

New Regulations Control Procurement of Stimulus Funds Immediately

On March 31, 2009, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (“Councils”) agreed on and implemented interim rules, effective March 31, 2009, amending the Federal Acquisition Regulation (“FAR”) in response to the American Recovery and Reinvestment Act (“ARRA” or “Stimulus Bill”).