Michael Wagner

Mike Wagner practices in the areas of government contracts and white collar defense and investigations. He has represented clients in the defense and aerospace, pharmaceutical, energy, and mass media industries. Mr. Wagner counsels government contractors on issues arising at all stages of the public procurement process, including contract disputes and administration, corporate acquisitions, False Claims Act compliance, suspension and debarment risks, and bid protest litigation.

Firm/Organization: Covington & Burling LLP

Blogs: Global Policy Watch, Inside Energy & Environment, Inside Government Contracts

Latest Articles

Inside Government Contracts

OFCCP Proposes Rule Removing TRICARE Health Care Providers from Its Regulatory Authority

By Jennifer Plitsch, Michael Wagner & Nicholas E. Baer*

November 18, 2019

On November 6, 2019, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued a Notice of Proposed Rulemaking (“NPRM”) aimed at resolving what OFCCP describes as a “decade of confusion.”[1] At issue is a long-standing question concerning the scope of OFCCP’s enforcement authority over health care providers participating in TRICARE, a federal health care program covering millions of military personnel, veterans, and their families. In particular, the NPRM requests comments on…

Inside Government Contracts

Suspension & Debarment Update: Five Takeaways from the ISDC’s Annual Report

By Michael Wagner, Frederic Levy & Evan R. Sherwood

November 6, 2019

The government has released its long-awaited annual report on federal suspension and debarment activities, and the data reflect a number of trends and developments that should be of keen interest to federal contractors and grantees. The report, which is published by the Interagency Suspension and Debarment Committee (“ISDC”), shows that suspension and debarment remain potent tools that are used frequently across the executive branch, even if the total number of exclusion actions dipped slightly from the previous…

Inside Government Contracts

GSA’s E-Commerce Portal Program Is Here: What the New Solicitation Means for Government Contractors

By Michael Wagner, Evan R. Sherwood & Jeff Bozman

October 4, 2019

After nearly two years of planning, GSA has released an RFP seeking prototypes of online shopping portals that would allow federal customers to buy COTS items from their computers. GSA’s plan implements Section 846 of the NDAA for FY 2018, which instructed the agency to create an internet marketplace exempt from many standard procurement regulations. As we have previously discussed in this blog, GSA began planning in 2017, sought input from industry in 2018…

Global Policy Watch

Suspension & Debarment Update: SBA to Sharpen Suspension & Debarment Procedures

By Frederic Levy, Michael Wagner & Carl Wiersum

September 26, 2019

Changes are coming to the suspension and debarment practices of the Small Business Administration (SBA), and contractors should ready themselves for an uptick in suspension and debarment activity as a result. That’s the takeaway from a new audit report released last week by the SBA’s Office of the Inspector General (OIG) criticizing aspects of the agency’s suspension and debarment practices. Although the SBA’s suspending and debarring officials (SDOs) for Financial Assistance Programs (FAP) and All…

Inside Government Contracts

Suspension & Debarment Update: SBA to Sharpen Suspension & Debarment Procedures

By Frederic Levy, Michael Wagner & Carl Wiersum

September 26, 2019

Inside Government Contracts

Another Executive Order on Buying American, and This One Has Teeth

By Michael Wagner, Scott A. Freling & Nooree Lee

July 23, 2019

(This article was originally published in Law360 and has been modified for this blog.) On July 15, 2019, President Trump issued an Executive Order on Maximizing Use of American-Made Goods, Products, and Materials. The EO directs the FAR Council to “consider” amending the Federal Acquisition Regulation’s provisions governing the implementation of the Buy American Act. This EO is the Trump administration’s latest – and most concrete – step toward enhancing domestic sourcing preferences and restricting…

Inside Government Contracts

Supreme Court Extends Statute of Limitations for Relators in FCA Cases, in Limited Circumstances

By Michael Wagner, Peter B. Hutt II & Andrew Guy

May 30, 2019

As previously discussed on this blog, the Supreme Court announced last year that it would resolve a circuit split over when a relator needed to file a qui tam action under the False Claims Act (“FCA”). Earlier this month, the Court decided in Cochise Consultancy Inc. v. United States ex rel. Hunt, that relators can — in limited circumstances — take advantage of the FCA’s 3-year “alternative” statute of limitations, which means they…

Inside Government Contracts

Federal Online Shopping Platform Coming Soon — GSA to Issue Prototype RFP Within the Year

By Michael Wagner & Evan R. Sherwood

May 13, 2019

In the latest step towards delivering on the long-promised “Procurement Through Commercial e-Commerce Portals” program, the General Services Administration has announced plans to build a proof-of-concept for federal online shopping, aiming to issue an RFP by the end of the year for web-based acquisition platforms.…

Inside Government Contracts

New DOJ Cooperation Credit Guidelines a Welcome Sign, but Key Questions Remain Unresolved

By Peter B. Hutt II, Michael Wagner, Michael Maya & Brooke Stanley

May 9, 2019

This week, the Department of Justice (“DOJ”) released formal guidelines (“the Guidelines”) for awarding credit to entities that cooperate in False Claims Act (“FCA”) investigations. Frequently hinted at by DOJ officials in recent speeches and public statements, the Guidelines have been eagerly anticipated by practitioners in the FCA space. Despite the build-up, the Guidelines are hardly revolutionary in many respects, as they largely memorialize existing discretionary practices for awarding cooperation credit that are well…

Inside Government Contracts

New York Executive Order and Legislation Signal Increased Debarment Activity

By Michael Wagner

May 3, 2019

Two recent developments in Albany suggest that New York is poised to kick its debarment activity into a higher gear. First, Governor Andrew Cuomo issued an executive order pointedly reminding state entities of their authority to debar non-responsible contractors and directing all state entities to ensure that contractors remain “responsible” throughout the term of their contracts. Second, the New York legislature recently enacted a bill to reform the Metropolitan Transportation Authority (MTA), which included far-reaching…

Michael Wagner

OFCCP Proposes Rule Removing TRICARE Health Care Providers from Its Regulatory Authority

Suspension & Debarment Update: Five Takeaways from the ISDC’s Annual Report

GSA’s E-Commerce Portal Program Is Here: What the New Solicitation Means for Government Contractors

Suspension & Debarment Update: SBA to Sharpen Suspension & Debarment Procedures

Suspension & Debarment Update: SBA to Sharpen Suspension & Debarment Procedures

Another Executive Order on Buying American, and This One Has Teeth

Supreme Court Extends Statute of Limitations for Relators in FCA Cases, in Limited Circumstances

Federal Online Shopping Platform Coming Soon — GSA to Issue Prototype RFP Within the Year

New DOJ Cooperation Credit Guidelines a Welcome Sign, but Key Questions Remain Unresolved

New York Executive Order and Legislation Signal Increased Debarment Activity

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