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Weekly Update Newsletter - October 2015 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation: Simplified Acquisition Threshold for Overseas Acquisitions - The Department of Defense, General Services Administration, and NASA have issued a proposed rule to...more

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

Court of Federal Claims Holds Contractor’s Duty to Continue Performance Under Disputes Clause May Be Excused Where Government...

Vanguard Constr., Inc. v. United States, 2015 U.S. Claims LEXIS 1158 (Fed. Cl. Sep. 8, 2015) The United States Air Force (the “Government”) entered into a contract with Vanguard Construction, Inc. (“Contractor”) to replace a...more

FAR Thresholds Adjusted for Inflation

Under a final rule effective October 1, 2015, acquisition-related dollar thresholds in the Federal Acquisition Regulation (“FAR”) will be adjusted for inflation. Government contractors should be aware of these inflationary...more

DoD Issues White Paper Aimed at IR&D Costs

On August 26, 2015, the Department of Defense (“DOD”) issued a White Paper announcing that, beginning in FY 2017, all defense contractors will be required to notify DOD before undertaking any new Independent Research and...more

The Latest OFCCP News: VEVRAA Coverage, Outreach Poster, and Approaching Deadlines

On July 2, 2015, the Federal Acquisition Regulatory Council amended the jurisdictional threshold for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Currently, a contractor with a single...more

Organizational Conflicts of Interest

OVERVIEW - - Introduction to Organizational Conflicts of Interest (“OCI”) - Unequal Access to Information - Biased Ground Rules - Impaired Objectivity - Waiving an OCI - Strategic...more

Integrity in Contracting: Lessons From A Young Princess

Essays are a great way to teach lessons. In our house of seven children, it seems that almost every day is an “Essay Day.” Last week, when caught in the middle of a lie—about an issue that was not even important— one of my...more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

President Obama Follows States’ Lead in Establishing Paid Sick Leave

While you were soaking in the final days of summer this Labor Day, President Obama used the occasion to sign Executive Order (EO), “Establishing Paid Sick Leave for Federal Contractors.” The EO provides that, beginning on...more

The OMB’s New Cybersecurity Guidance for Federal Contractors

Is Controlled Unclassified Information Out of Control? The OMB apparently thinks so. On August 11, 2015, the Obama administration, through the Office of Management and Budget (OMB), which is the largest office within the...more

The Mandatory Disclosure Rule – Demystifying Your Disclosure Requirements

It’s that gut-check scenario: You realize that your company has made a mistake on an invoice submitted on a government contract, or that your company has mistakenly represented its size or socioeconomic status. Regardless of...more

Federal Contractor News Roundup: Paid Sick Leave, Pay Secrecy, Posters, Plus More

This year continues to be an active one for employers who are federal contractors or subcontractors. Most recently, yesterday President Obama continued the trend of using Executive Orders where legislative solutions have...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

DoD's New Cybersecurity and Cloud Standards and Reporting Requirements

The Department of Defense (DoD) released interim rules implementing provisions of the 2013 and 2015 National Defense Authorization Acts. The rules, released on Aug. 26, 2015, are effective immediately and establish the...more

Federal Government Can Revoke Acceptance Years Later and Demand Replacement of Work

Many contractors mistakenly think that once the government accepts work and pays for it, that the work is, well, "accepted." Some also believe that the one-year warranty provided in the Federal Acquisition Regulation (FAR)...more

Claims Webinar Series: Contract Terminations

In this presentation: - Termination for Convenience (“T4C’) - Termination for Default (“T4D”) - T4C vs. T4D at a glance - Brief overview of termination appeals - Q & A Please see full...more

Weekly Update Newsletter - August 2015 #2

GOVERNMENT CONTRACTS - DOD Issues Report Entitled Defense Contracts: DOD’s Request for Information from Contractors to Assess Prices - The Department of Defense (DOD) has issued a report entitled Defense Contracts:...more

Adding a Short-Order Cook to a Crowded Kitchen: OMB Guidance Creates a Sense of Urgency for Cybersecurity in Federal Acquisitions

The Office of Management and Budget (OMB) on August 11, 2015 released proposed guidance, that takes “major steps” towards – and likely accelerates – the implementation of cybersecurity requirements in federal acquisitions....more

OMB Issues Guidance on Government Contractors’ Cybersecurity Systems

The Office of Management and Budget (OMB) released a draft guidance document on Aug. 11, 2015, titled “Improving Cybersecurity Protection in Federal Acquisitions” (the “OMB Guidance”). The OMB Guidance instructs agencies on...more

Comments on Proposed Rule Regarding Small Business Subcontracting Improvements

After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391, dated July 16, 2013, many of our clients have asked us...more

ASBCA Continues to Apply the Expressly Unallowable Cost Standard in an Unworkable Way

Recently, in Raytheon Co., ASBCA Nos. 57576, et al (June 26, 2015), the ASBCA confirmed that a narrow reading of the term “expressly unallowable” costs is appropriate under the CAS and FAR. The Board reaffirmed previous...more

For The Second Time, DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay...

On August 5, 2015, the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed...more

House Bill Would Require Public Disclosure of Company Policies to Combat Supply Chain Trafficking

On July 27, 2015, U.S. Representatives Carolyn Maloney (D-NY) and Chris Smith (R-NJ) introduced the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (H.R. 3226) (the "Bill"). The Bill would require...more

Heads up! Inflation Adjustments To Acquisition Thresholds Are Just Around The Corner

On July 2, 2015, the FAR Council issued a Final Rule that amends the FAR, effective October 1, 2015, to implement inflation-based adjustments to certain acquisition-related monetary thresholds. 80 Fed. Reg. 38293. The...more

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