As we recently reported, the Federal Acquisition Regulatory (FAR) Council has published a final rule, effective October 25, 2016, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting”...more
10/25/2016
/ Arbitrary and Capricious ,
Arbitration ,
Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Labor Law Violations ,
Preliminary Injunctions
Federal acquisition officials recently finalized an interim rule intended to remove contractors with federal tax liabilities and felony convictions from the federal contracting arena. The interim rule, which took effect...more
10/7/2016
/ C-Corporation ,
Construction Industry ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Felonies ,
Interim Rule ,
Joint Venture ,
Limited Liability Company (LLC) ,
Partnerships ,
Professional Corporation ,
Reporting Requirements ,
S-Corporation ,
Tax Liability
The Federal Acquisition Regulatory Council and the Department of Labor published a final rule, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting” Executive Order), on August 24,...more
Recently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine...more
The U.S. Small Business Administration (SBA) recently published its much-anticipated final rule establishing a mentor-protégé program available to all small businesses, not just certain SBA-approved 8(a) contractors as is the...more
By now, most government contractors and government contracts attorneys are aware that both the House Armed Services Committee (HASC) and the Senate Armed Services Committee (SASC) have proposed, as part of the Fiscal Year...more
The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Dick Pacific Constr. Co., Ltd, serves as an important reminder to federal construction contractors that keeping consistent and detailed daily logs is...more
Recently, the Federal Acquisition Regulation Council published a proposed rule that, if implemented, would impose a government-wide prohibition on contracting with companies “that require employees or subcontractors to sign...more
President Barack Obama signed a new executive order Sept. 7 aimed at ensuring federal contractor employees “can earn up to seven days or more of paid sick leave annually, including paid leave allowing for family...more
These days, government contractors are pursuing federal work through joint ventures with increasing frequency. Among the reasons for this are that joint ventures allow contractors to combine resources and share risk. Not...more
At first blush, the U.S. Government Accountability Office’s recent decision in Goldbelt Glacier Health Services LLC (Feb. 6. 2015) appears to be a run-of-the-mill denial of a protester’s request for reconsideration. But, a...more
Recently, in Carnell Constr. Corp. v. Danville Redevelopment & Housing Auth., the federal appellate court covering West Virginia, Virginia and the Carolinas upheld a trial court’s determination that a Virginia statute places...more
In a recent decision, the 9th U.S. Circuit Court of Appeals held, for the first time, that California’s contractor licensing requirement cannot be used to bar a federal subcontractor from pursuing a claim under the Miller...more
In a pair of recent decisions, the U.S. Court of Federal Claims clarified the source of its jurisdiction over bid protest actions that involve pure concession contracts as well as the scope of potential relief available to...more
In this Issue:
- Federal Circuit’s Metcalf Decision a Big Win for Contractors
- Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet
- Are No-Damage-for-Delay...more
Recently, in Group Health Inc. v. Dep’t of Health & Human Services, the Civilian Board of Contract Appeals (CBCA) issued a noteworthy decision on defective Contract Disputes Act (CDA) certification issues and the so-called...more