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OMB Pauses Enforcement of Federal Contractor Vaccine Mandate In Light of Court Injunctions

On December 9, 2021, the Office of Management and Budget issued updated guidance to address the nationwide injunction that currently bars, on a preliminary basis, enforcement of the federal vaccine mandate. For federal...more

Nationwide Preliminary Injunction Bars Enforcement of Vaccine Mandate for Federal Government Contractors - Update

The enforceability of the federal contractor vaccine mandate has not been finally decided. On December 7, 2021, a federal court for the Southern District of Georgia entered an injunction "with nationwide applicability"...more

Most Federal Government Contractors Still Must Comply with President Biden’s Federal Vaccine Mandate

Despite a recent court ruling covering three states, most federal government contractors still must comply with the COVID-19 vaccine mandate ("Contractor Vaccine Mandate") included in President Biden’s Executive Order 14042,...more

Federal Contractors May Seek Reimbursement for Paid Leave Under Section 3610 of the CARES Act

The coronavirus (COVID-19) epidemic has caused hardship to many employers and employees and is likely to continue to do so in the near future. In response, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES...more

Federal Government Contractors Must Evaluate Their Contractual Rights Related to COVID-19 Impacts

The coronavirus (COVID-19) epidemic has not - at this time - resulted in a federal government shutdown. To the contrary, on March 22, 2020, the Department of Defense's (DoD) acquisition arm has urged industry firms to...more

The National Defense Authorization Act Makes Significant Changes Relevant to SBIR and STTR Program Participants

On December 12, 2017, President Trump signed the National Defense Authorization Act for Fiscal Year 2018 (the “NDAA FY18”). The NDAA FY18 authorizes and prioritizes funding for the Department of Defense (“DoD”) and prescribes...more

Supreme Court Requires Many More VOSB Set-Asides

On June 16, 2016, the United States Supreme Court ruled that the Department of Veterans Affairs (VA) must apply the “Rule of Two” in all contracting decisions in Kingdomware Technologies, Inc. v. United States, 136 S.Ct. 1969...more

Sons of Cyberlock: Recent Decisions Underscore Challenges in Drafting Enforceable Federal Contracting Teaming Agreements

Teammates pursuing federal contracts should draft their teaming agreements with care to avoid unintended consequences. The Pitfalls of Non-Specific Teaming Agreements - Among other issues, teammates cannot...more

Women-Owned Small Businesses Can Now be Awarded Sole Source Federal Contracts

Effective December 31, 2015, contracting officers can make sole source awards to Women-Owned Small Businesses (WOSBs) and Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs). See FAR 19.1506. ...more

1/29/2016  /  HUBZone , NAIC , SBA , SDVOSB , WOSB

The Federal False Claims Act...Liability Even When There Is No Government Reliance

In its recent opinion, United States v. Triple Canopy, Inc., Nos. 13-2190, 13-2191 (4th Cir., January 8, 2015), the Fourth Circuit emphasized that the Federal False Claims Act (FCA) is a “strong remedy,” designed to target...more

Is Your Teaming Agreement Enforceable?

Teammates who pursue a federal contract should agree up front and in detail regarding their respective obligations if the contract is awarded. Only agreeing to negotiate specific terms after an agency award is unlikely to...more

Federal Contracts When Selling a Business

When selling a business, the owner must balance deal certainty, tax consequences, speed, regulatory clearances, third party consents and liability allocation. ...more

Over-the-Cliff: Advice to Contractors Facing Sequestration

Automatic spending cuts caused by “sequestration” went into effect on March 1, 2013, after the federal Government could not avoid or further delay sequestration as Congress and the President had agreed during January of 2013....more

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