David S. Black

David S. Black

Holland & Knight LLP

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Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

The Armed Services Board of Contract Appeals (ASBCA) recently demonstrated that it is willing to help government contractors who are waiting many months for a contracting officer to issue a final decision on a pending...more

11/7/2016 - Armed Services Board of Contract Appeals Construction Contracts Construction Industry Contract Disputes Act Federal Contractors Statute of Limitations

Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR...more

11/2/2016 - Bid Protests Competitive Bidding Contract Drafting Federal Contractors Florida Prime Contractor Subcontractors Teaming Agreements

The FAR Councils Drop 10 FAR Amendments in End-of-Fiscal-Year Blitz

On September 30, 2016, the Federal Acquisition Regulation (FAR) Councils issued 10 FAR amendments (nine final and one interim) on a broad range of topics. One rule imposes new risks for contractors with delinquent taxes or...more

10/4/2016 - Buy American Act Convictions Department of Defense (DOD) DOL Employment Discrimination Federal Acquisition Regulations (FAR) Federal Contractors SBA Security Small Business Tax Liability Ukraine Veterans Wage and Hour Women-Owned Businesses WOSB

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

9/27/2016 - 8(a) Program Appeals Business Development Department of Defense (DOD) DFARS Equal Protection Federal Acquisition Regulations (FAR) Federal Contractors Prejudice Public Procurement Policies Race Discrimination SBA Small Business Veterans

Long Anticipated Changes to DOL Overtime Rules to be Announced

The Department of Labor is expected to announce its final rule regarding the white collar overtime exemptions under the Fair Labor Standards Act at an event in Ohio attended by Vice President Joe Biden and Secretary of Labor...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

New Executive Order to Increase Minimum Wage Under Future U.S. Government Service Contracts and Subcontracts

As promised in his recent State of the Union Address on February 12, 2014, President Obama signed an executive order to increase to $10.10 the hourly minimum wage paid to federal contractors and subcontractors. The Executive...more

2/14/2014 - Davis-Bacon Act Federal Contractors FLSA Minimum Wage Service Contract Act Wage and Hour

Meals and Golf Outings Paid For By Subcontractors May Trigger Double Damages Under Anti-Kickback Act

Federal prime contractors and subcontractors should consider reviewing and updating compliance procedures and employee training relating to entertainment and other business development gratuities in the wake of the Fifth...more

8/23/2013 - Anti-Kickback Statute Compliance Contractors Meal and Entertainment Expenditures Subcontractors

Sequestration Tango: Taking Steps to Assess Risk and Mitigate Impacts

Many federal contractors and subcontractors are in store for a bumpy ride. On March 1, 2013, sequestration went into effect, requiring the federal government to cancel $85 billion in budgetary resources between now and...more

3/15/2013 - Contractors OMB Risk Assessment Spending Cuts

Federal Circuit Decision Makes it Easier for Contract Awardees to Protest Unwarranted Agency Corrective Action

Until recently, one of the "conventional wisdoms" about GAO bid protest practice was that agencies had almost unfettered (and unreviewable) discretion to take corrective action....more

8/29/2012 - Bid Protests Bids COFC GAO Jurisdiction Tucker Act

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