News & Analysis as of

Federal Contractors

OFCCP Appoints New Director (Not Craig Leen)

Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next...more

Federal District Court in Virginia Holds That Prime Contractor’s Payment Bond Surety Cannot Rely on No-Damages-For-Delay Clause in...

by Pepper Hamilton LLP on

United States v. John C. Grimberg Co., Case No. 1:16-cv-991, 2017 U.S. Dist. LEXIS 173362 (E.D. Virginia, October 19, 2017) - John C. Grimberg (“Prime Contractor”) was awarded a contract (the “Prime Contract”) to design...more

It’s Time To Be Thinking About Your 2018 EEO-1 Reports

by Jackson Lewis P.C. on

Now that you’ve successfully filed your 2017 VETS-4212 reports, it’s time to focus on EEO-1 reporting. Most employers are not accustomed to focusing on EEO-1 reporting going into a new year, but following the filing reprieve...more

Steps to Determining Availability of Qualified Minority and Female Job Candidates

As part of a statistical analysis for an affirmative action program for minorities and females, contractors must estimate external availability in order to determine utilization and annual placement goals. Contractors are...more

OFCCP Updates Its Key Personnel; Quietly Announces New Director

According to an update on the website of the Office of Federal Contract Compliance Programs (OFCCP), there has been a shift in some “key personnel.” According to the changes, Ondray T. Harris will be the new OFCCP director....more

2018 NDAA Analysis: Intellectual Property Provisions

by Holland & Knight LLP on

This is the seventh blog post in a series analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed to by House and Senate negotiators on November 8, 2017. Stay tuned for more blog posts...more

Court of Federal Claims Rejects SBA Decision that Future Conditional Restriction on Stock Ownership Destroys “Unconditional...

Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business...more

Do Job Descriptions Really Matter in an OFCCP Compliance Review?

The Office of Federal Contract Compliance Programs (OFCCP) does not require that employers create written job descriptions for positions within their companies; however, well-written job descriptions can play a vital role...more

Breaking News: New OFCCP Director Identified

by Jackson Lewis P.C. on

The U.S. Department of Labor has quietly identified a new Director of the Office of Federal Contract Compliance Programs. An industry news outlet is reporting DOL has confirmed Ondray T. Harris will be the new head of the...more

Beltway Buzz - December, 2017 #2

Another hectic week here in D.C. has us feeling like we’re living in a glass case of emotion. Here’s why...more

Happy Cybersecurity New Year

by PilieroMazza PLLC on

After the ball drops in Times Square this New Year’s Eve, many DoD contractors will wake up with a headache. And I don’t mean from too much champagne. I’m talking about extensive DoD cybersecurity requirements these...more

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”). The first reminds contractors that competitors can work together when...more

Defense contractors – the time has come: December 31 is the deadline for cybersecurity safeguarding compliance

by DLA Piper on

Defense contractors and subcontractors that handle certain types of defense information must be in compliance with Department of Defense (DoD) cybersecurity requirements by the December 31, 2017 deadline. Affected contractors...more

5 Key Takeaways: Fighting Back Against Negative Contractor Performance Assessment Report System (CPARS) Reviews

Kilpatrick Townsend’s Gunjan Talati and Chris Henel, members of the firm’s Government Contracting Team, recently presented a webinar in collaboration with Federal Publications Seminars. With over 300 in attendance, they...more

Why Failing To Intervene In A Bid Protest Could Have Dire Consequences

by PilieroMazza PLLC on

Imagine that your company has just been awarded a contract after spending significant time and resources identifying a federal business opportunity and developing a winning proposal. Now imagine that just as you are preparing...more

Weekly Update Newsletter - December 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - PROTESTS - If the Federal Watchdog Office Works for Contract Protestors, Why the Decline? According to an article posted in the Federal Contracts Report, several reasons could explain the...more

If You Don’t Do the Work, You Might Do Time Instead: Service-Disabled Veteran Faces Jail Time for Failing to Run Day-to-Day...

by Bass, Berry & Sims PLC on

The Government recently indicted an Army veteran for allegedly using his status as a service-disabled veteran to help a company qualify as a service-disabled veteran-owned small business and falsely obtain nearly $40 million...more

What Does a Potential Replacement of the Category Management Circular Mean for Contractors?

by PilieroMazza PLLC on

Approximately one year ago, we submitted comments to the Office of Management and Budget (“OMB”) Proposed OMB Circular No. A-XXX, Implementing Category Management for Common Goods and Services. As explained in a blog post...more

[Webinar] ITAR for Government Contractors - New Developments for 2018 - December 13th, 1:00pm ET

by Williams Mullen on

Join Thomas McVey, partner and chair of Williams Mullen’s International Practice Group, for a complimentary webinar on the latest ITAR developments for government contracts executives. ITAR is an important area of...more

Arizona Prompt Pay Act Held Inapplicable to Federal Construction Project

by Clark Hill PLC on

New Arizona case serves as a note of caution to the subcontractors doing work on federal projects, even if not directly contracting with a federal agency. On November 16, 2017, the Arizona Court of Appeals, Division One, in...more

NIST Releases Highly-Anticipated Draft Special Publication on Assessing the Security Requirements in NIST SP 800-171 for...

Pursuant to DFARS 252.204-7012, DoD contractors are to implement the security requirements in NIST Special Publication (SP) 800-171 by December 31, 2017. NIST SP 800-171 includes security requirements for protecting...more

Clearly Erroneous Audit Assertion – An Expensive Thorn in Contractors’ Sides

Auditing by the Defense Contract Audit Agency (“DCAA”) is a ubiquitous cost of doing business with the Department of Defense, and one which many defense contractors have come to dread. Unfortunately, far too often the DCAA’s...more

GSA Schedule Contractor Team Arrangements: More Than Meets the Eye

by PilieroMazza PLLC on

You may have heard it suggested that for an upcoming GSA Schedule task order opportunity, the ordering agency “encourages” contractors to form Contractor Team Arrangements (CTA). What does this mean? A CTA is when two or...more

5 Key Takeaways: Government Contractors: Best Practices & Prevention Strategies for Data Breaches

Kilpatrick Townsend’s Gunjan Talati and Chris Henel, members of the firm’s Government Contracting Team, recently presented a webinar in collaboration with Federal Publications’ Cybersecurity Institute on best practices and...more

Judge Orders OFCCP To Take Off The Blindfold From Contractors

by Fox Rothschild LLP on

Recently, an Administrative Law Judge (ALJ) issued an important decision for Oracle America, Inc. against the Office of Federal Contract Compliance Programs (OFCCP) requiring the agency to respond to Oracle’s requests for the...more

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