It has been more than two months since the U.S. District Court for the Southern District of Georgia issued a nationwide preliminary injunction of Executive Order 14042, the Biden Administration’s effort to impose a vaccine...more
Aerojet Rocketdyne received another blow last week in its long running battle to end a 2015 False Claims Act suit alleging it lied about its compliance with cybersecurity requirements in order to win several federal...more
On January 27, 2022, the U.S. District Court for the District of Arizona joined the growing list of courts that have preliminarily enjoined Executive Order 14042 (which imposes COVID safety protocols on government...more
As a result of the U.S. District Court for the Southern District of Georgia’s latest order, which confirms the nationwide preliminary injunction of Executive Order 14042 (“EO” or “EO 14042”) applies only to the “vaccine...more
On Friday afternoon, the U.S. District Court for the Southern District of Georgia, which had earlier issued a nationwide preliminary injunction against Executive Order 14042’s vaccine mandate, made clear that the injunction...more
The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in...more
1/24/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Federal Agency Taskforce ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
OSHA ,
Popular ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social...more
12/9/2021
/ Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
Joe Biden ,
OSHA ,
Preliminary Injunctions ,
Subcontractors ,
Vaccinations ,
Virus Testing
Since our October 14, 2021 webinar, much has developed in the rapidly evolving compliance world of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO” or “EO 14042”). In case you...more
11/12/2021
/ Americans with Disabilities Act (ADA) ,
COFC ,
Coronavirus/COVID-19 ,
Covered Employer ,
Davis-Bacon Act ,
Department of Veterans Affairs ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
GWACs ,
HUD ,
NASA ,
OMB ,
OSHA ,
Prime Contractor ,
Religious Accommodation ,
Service Contract Act ,
Subcontractors ,
Vaccinations ,
Virus Testing
On November 1, 2021, the Safer Federal Workforce Task Force (the “Task Force”) added new FAQs to its guidance on Executive Order 14042 (“EO 14042”), signaling that contractors have some flexibility to go beyond the...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Immunization Records ,
OSHA ,
Religious Accommodation ,
Vaccinations
Capital is the lifeblood of small businesses and fundamental to their formation and growth. However, obtaining capital can be difficult for minority-owned business enterprises (MBEs), as a lack of access to capital is one of...more
SBA’S 8(A) BUSINESS DEVELOPMENT PROGRAM-
WHAT IS THE 8(A) PROGRAM AND WHAT IS IT INTENDED TO DO?
The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small...more
2/4/2021
/ Business Ownership ,
Certifications ,
HUBZone ,
Limited Liability Company (LLC) ,
Minority-Owned Businesses ,
NAICS ,
Principal Place of Business ,
SBA ,
Small Business ,
Women-Owned Businesses ,
WOSB
Many government programs exist to help small businesses—especially minority-owned small businesses—secure a foothold in government contracting. Read on to learn more about some common programs, the basic eligibility...more
In the next four posts, we will share guides specific to federal contracting as a minority-owned small business.
Minority-owned businesses often face unique challenges in the public procurement process due to systemic...more
Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more
12/15/2020
/ Bid Protests ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
DFARS ,
Federal Contractors ,
Financing ,
NDAA ,
Progress Payments ,
SBA ,
Small Business ,
Software ,
Subcontractors
The Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting...more
In a previous post, we reported on ECC International, LLC, ASBCA No. 60484, Nov. 16, 2018, 18-1 BCA ¶ 37203, which rejected a contractor’s claims arising out of the Government’s closure of a key access route to a construction...more
Like the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post, responding to COVID-19 raises wartime contracting issues on the home...more
Communities across the country and around the world are fighting a war against COVID-19. This is also true – maybe even especially true – for government contractors. Responding to COVID-19 raises wartime contracting issues...more
On Wednesday, the Senate passed a $2 trillion relief package – the Coronavirus Aid, Relief, and Economic Security or CARES Act – intended to relieve some of the worst economic effects of the coronavirus pandemic. In addition...more
Lawyers often view a writ of mandamus to a Court of Appeals as a last-gasp—indeed, almost hopeless—stratagem. But sometimes they are granted, particularly when the district court order they challenge is even more...more
Last week, the President announced that he was invoking a Cold War-era law called the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq., to ensure the Nation is able to acquire the “health and medical resources needed...more
Last week, the President invoked a Cold War-era law called the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq., to acquire much-needed medical supplies and equipment during the COVID-19 pandemic. Although a handful...more
BID PROTESTS, LATEST DEVELOPMENTS & TWISTS -
Bid Protests: Agenda -
1. LOGCAP V and Task/Delivery Order Protest Jurisdiction
2. SpaceX and Other Transaction Authority Protest Jurisdiction
3. Potential Impact of New...more
Earlier this week, the Department of Justice released guidance identifying the circumstances in which the Department would award credit to companies that voluntarily disclose or otherwise cooperate during False Claims Act...more
In the ever-evolving False Claims Act (FCA) arena, the Government told the court that it intends to move to dismiss a whistleblower suit against United Health Group’s Executive Health Resources, Inc. (EHR) for allegedly...more