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DOL Continues Contractor Regulatory Onslaught with $15-per-Hour Minimum Wage for New and Extended Contracts

It has been a challenging month for federal government contractors. First came the Biden administration’s pronouncement on mandatory vaccinations. Unlike the Department of Labor’s (DOL) Occupational Safety and Health...more

Review of Select Biden Administration Actions Impacting Federal Contractors

During his first few days in office, President Biden signed numerous executive orders kick-starting the implementation of key features of his campaign platform. Federal contractors may feel overwhelmed by this flurry of...more

President Biden Acts on His ‘Buy American' Promise

On Jan. 25, 2021, President Biden signed an executive order (EO), “Ensuring the Future Is Made in All of America by All of America’s Workers.” This EO initiates the implementation of Biden’s campaign promise to Buy American,...more

PPP Recipients Should Take Steps To Document Their Borrowings, Use of Funds and Related Transactions

The Paycheck Protection Program (PPP) was originally funded with $349 billion, and Congress recently appropriated another $310 billion for the program. ...more

CARES Act Section 3610 Provides Federal Agencies Discretion to Reimburse Federal Contractors' Employee Compensation

Federal contractors have a new avenue to potentially secure financial relief from the impacts of COVID-19 on their operations under Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The...more

CISA, Essential Critical Infrastructure Workers and Federal Contractors

Federal contractors face confusion and uncertainty over whether their companies and employees performing under federal contracts are exempted from the various restrictions in the recent state-issued “stay at home” orders...more

Impact of the President's Invocation of the Defense Production Act on Federal Contractors

The president’s issuance of an executive order on March 18, 2020, invoking his authorities under the Defense Production Act of 1950 (DPA or Act) to ensure that our nation’s healthcare system is able to effectively respond to...more

Coronavirus (COVID-19) Government Contracts Advisory

As one would expect, government contractors are critical to the U.S. government’s response to the novel coronavirus disease (COVID-19)....more

Cybersecurity Implications in Government Contracting Top 2019 End-of-Year Considerations

Barron Avery, leader of BakerHostetler’s national Government Contracts team, was quoted in a Law360 article titled “Top 5 Gov’t Contract Cases of 2019.”...more

FAR Clauses Are in the Contract Whether You Know It or Not: Federal Circuit Affirms Continuing Vitality of Christian Doctrine

Since 1963, the federal government has relied on a doctrine first advanced in G. L. Christian & Assocs. v. United States to read certain terms and provisions into its contracts despite the lack of any express reference...more

Teaming Agreements Under Fire: Decision Chips Away at the Enforceability of Teaming Agreements

In recent years, federal and state courts in Virginia have slowly chipped away at the ability of teaming partners to enforce what they presumed were contractual rights against one another; however, these courts have left open...more

Government Contractors Could Benefit if Congress Quickly Finishes Spending Bills – But That’s a Big ‘If’

Republican lawmakers in the coming weeks hope to begin voting on several spending bills as the first step toward avoiding a politically embarrassing budget crisis before this fall’s midterm elections. For years, Congress’...more

What to Expect When You're Expecting Another Government Shutdown

As most federal contractors have learned, disruptions to the regular order of the congressional budget process have led to a heavy reliance on “continuing resolutions” for funding the government in recent years, and this year...more

[Event] CLE Event: "Whistling at Work" - December 7th, Columbus OH

The Top 5 Issues for Navigating the Employment Relationship to Avoid and Defend Whistleblower Retaliation Complaints Topics - - Whistleblower 101: Law and Process - Whistleblower and Compliance Policies: Prevention...more

Countdown Begins for Cybersecurity Compliance

This month marks an important waypoint for defense contractors subject to the new cybersecurity requirements imposed by the Department of Defense. For contractors subject to the requirements of Defense Federal Acquisition...more

Federal Government Renews Its Commitment to "Buy American" Under Recent Executive Order

On Tuesday, April 18, 2017, President Trump signed an Executive Order, “Buy American and Hire American” (the “Order”), affirming the commitment of the federal government – and of the Trump administration specifically – to...more

Attorney General Sessions' Focus on Fraud Enforcement to Have Immediate Impact on Federal Government Contractors

Today, Feb. 9, former U.S. Senator Jeff Sessions was sworn in as the 84th Attorney General of the United States. While today marked only the beginning of his term, Attorney General Sessions’ record as a former federal...more

Federal Court Enjoins "Blacklisting" Rule, but Contractors Are Not Out of the Woods Yet

On Oct. 24, 2016, a U.S. District Court issued a preliminary injunction restraining the U.S. Government from implementing the “Fair Pay and Safe Workplaces” Executive Order and the related Final Rule and Guidance...more

Tax Delinquencies to Jeopardize Contract Eligibility Under New Final

On Friday, September 30, 2016, the Department of Defense, General Services Administration and National Aeronautics and Space Administration issued a Final Rule aimed at blocking tax evaders and convicted felons from receiving...more

Election Season Highlights Contractor Contribution Prohibitions

As this 2016 election season swings into its final months, federal government contractors should continue to be aware of the laws and regulations regarding political contributions. The Federal Election Campaign Act...more

Latest DoD Counterfeit Parts Rule Narrows the Supply Chain for Contractors

On, August 2, 2016, the U.S. Department of Defense (DoD) issued a Final Rule aimed at detecting and avoiding counterfeit electronic parts in the DoD supply chain. The Final Rule – the latest in a series of recent rules aimed...more

New Mentor-Protg Program Opens a New Avenue for Both Large and Small Businesses in the Federal Government Contracting Space

On Monday, July 25, the U.S. Small Business Administration (“SBA”) issued a Final Rule creating its long-anticipated mentor-protégé program. The Final Rule establishes a “universal” mentor-protégé program, modeled on an...more

GSA Eases Compliance Burden for Contractors With Federal Supply Schedules

The General Services Administration (GSA) recently issued a Final Rule as part of its long-term aim to modernize reporting for cost and price data related to government-wide contracts, such as Federal Supply Schedules. Under...more

No Longer Implied: Supreme Court Expressly Recognizes Implied Certification as a Theory of Liability Under the False Claims Act

Yesterday, the U.S. Supreme Court issued a long-anticipated decision on the viability of the “implied certification” theory of liability under the False Claims Act (FCA). In Universal Health Services, Inc. v. United States ex...more

Federal Healthcare Contractors Must Comply With Basic Information Security Safeguards

In light of the uncertainty generated in the healthcare industry by recent decisions of the OFCCP regarding which entities qualify as federal contractors and subcontractors, this article explains which types of healthcare...more

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