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For federal grant recipients across diverse sectors ranging from humanitarian assistance to the environment, the disruption of established business practices and the upending of expectations have now become the new normal, as federal agencies announce abrupt shifts in policy and spending. As we have commented previously (here, here, and here), federal agencies now regularly reinterpret terms of contracts and agreements that appeared to have been settled, so that once-stable sources of federal funding change on short notice.Continue Reading Gateway Project Litigation Latest Salvo in Struggle over Federal Grants

“Now, the next part is very important…”

As scrutiny of domestic preference requirements increases in the wake of the Biden Administration’s Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers, the time is now for contractors to brush up on those requirements, examine supply chains to identify non-domestic content, and implement internal policies and procedures to ensure they are compliant with the domestic preference rules applicable to their contracts. On May 20, 2021, the US Attorney’s Office for the Eastern District of Pennsylvania announced a settlement under which a contractor agreed to pay $54,983 and implement “enhanced compliance measures” to resolve claims arising from its use of Chinese-made parts during a fire alarm installation and renovation project at Amtrak’s 30th Street Station in Philadelphia, PA. While the settlement amount is relatively minimal, the settlement is remarkable in that it telegraphs that funding agencies, along with the Department of Justice (DOJ), are willing to go to great lengths to be a nightmare for suppliers that do not adhere to the “Buy America” statutes and regulations.Continue Reading I Will Find You: DOJ Uses Its Particular Set of Skills to Enforce Domestic Preference Rules