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GOVERNMENT CONTRACTS

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GOVERNMENT

GOVERNMENT CONTRACTS ISSUE UPDATE February 2017 Wiley Rein Named Government Contracts ‘Practice Group of the Year’ by Law360 for Third Consecutive Year Wiley Rein’s prominent Government Contracts Practice has been named a 2016 “Practice Group of the Year” by Law360 in one of the publication’s hallmark annual awards. Selected for the honor for three years running, Wiley Rein was noted for its work on behalf of “more than 400 top federal and state contractors across a wide spectrum of industries.” In the past year, that included a multivenue defense of a $100 million contract with the U.S. Department of State, and securing a favorable resolution to an unusual challenge to a $5 billion nuclear security contract. ALSO IN THIS ISSUE 2 President Trump’s Impact on Government Contractors 3 OGE Amends the Executive Branch Gift Regulations 5 Warning for Public Company Defense Contractors: DCAA is Not the Only Accountant Examining Your Books 12 Better Debriefings, Fewer Protests, Better Proposals: OFPP Myth-Busting Provides Good Advice for All 15 Got Grants? Public and Private Sector Federal Grant Recipients Not Immune to False Claims Act Liability 17 The False Claims Act: Leveling the Playing Field 21 FCPA Year In Review 22 Smart Cities: A Look at Risks and Opportunities for Technology Companies 26 Speeches & Publications Practice co-chair Scott M. McCaleb told Law360 that clients are drawn to the group’s “deep bench” of attorneys, who perform at “extraordinary high levels.” The team’s work includes handling about 150 bid protests each year, a work rate that is unmatched by few—if any—other firms, said Practice co-chair Paul F. Khoury. Many of the firm’s lawyers also have security clearances that enable them to work for clients on classified matters. COST CLAIM CORNER Recent Board Decisions Rein In Government Cost Claims By Nicole J. Owren-Wiest continued on page 27 This article highlights key takeaways from several recent decisions issued by the Armed Services Board of Contract Appeals (ASBCA) involving government audits and cost claims. A prime contractor’s responsibility for managing subcontractors is not boundless. Over the past few years, typically in connection with contractor purchasing system reviews (CPSRs), we have observed an increase in the number of times DCMA (and DCAA) auditors have asserted that a company’s purchasing system is “deficient” or otherwise “noncompliant” because of alleged failures to adequately supervise subcontractors’ continued on page 8

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