Governing by decree using executive orders is a terrible way of regulating government procurement. Both political parties should call a truce, and stop issuing procurement related executive orders.
Read MorePresident Trump’s DEI Executive Order is an attempt to turn the ship of state on a dime with respect to anti-discrimination and diversity policies. Among other things, the order will require contractors and grantees to certify they don’t operate programs promoting DEI. The consequence of being wrong? — potential False Claims Act liability.
Read MoreIf they can dismember and close the entire foreign aid program in this manner, then government contractors have every reason to be fearful of what comes next for DOGE.
Read MoreA pair of bid protest decisions found offerors ineligible for award because their SAM registrations briefly lapsed while their proposals were being evaluated. A recently published interim rule will excuse such foot faults. That said, contractors should always remember that their SAM registrations are part of each proposal they submit and should be well cared for.
Read MoreUnder the Davis-Bacon Act (“DBA”), the possible right of both the prime and the subcontractor to a price adjustment, if any, occurs upon the start of option year, extension, or new phase of a construction project and is governed by the terms of their contract and subcontract. Here is some friendly guidance — read your contract carefully, especially before you bid.
Read MorePresident Biden has issued an Executive Order closing federal agencies in honor of President Carter. Existing policies make it clear that federal employees will, for the most part, receive paid leave. However, federal contractors must exercise their judgment about furnishing leave.
Read MoreOne place for the Department of Government Efficiency to propose a reform is the overly restrictive commercial exemption to the Service Contract Act.
Read MoreThe US Department of Labor (“DOL”) announced actions it is taking to combat what it calls “coercive ‘fine print’ provisions” in employment agreements. One such action led to an injunction that barred a company from using its employment agreement to shift the cost of a wage and hour suit onto the very truck drivers who brought the claim. So, be advised—DOL is reading your fine print.
Read MoreA service contractor loses a pension tail liability claim, which with a little planning and a small change to their collective bargaining agreement ("CBA") may have been avoidable.
Read MoreThe US Department of Labor has issued its announcement of federal contractor minimum wage rates for 2025. For most nonexempt federal contractor employees, the new rate will be $17.75 per hour. However, contractors must review their wage rates across the board to make sure they're in compliance with the multiple minimum wage rates that could apply.
Read MoreThe Government Accountability Office ("GAO") whiffed in its recent decision in the Maximus Federal Services bid protest. The contractual Labor Harmony Agreement ("LHA") clause violates the FAR neutrality mandates, and a long line of previous decisions says GAO could have stepped up and curbed this excess. It was a missed opportunity for GAO to do the right thing.
Read MoreLarge government contractors finally appear to be sharing in some of the stock market prosperity. Particularly in the military industrial complex, the market has been rewarded defense contractors with higher valuations. Whether it is the Russian invasion of Ukraine, the turmoil in the Middle East, or just a realization that China is posing a new challenge to American supremacy, military contractors are finally having a moment to celebrate.
Read MoreSome changes agencies make to US Government contracts may vary existing rules and thus constitute deviations to the Federal Acquisition Regulation (“FAR”). Deviations to the FAR require approval of the FAR Council. The contracting agency is not free to implement special contract terms which deviate from the FAR without securing that approval.
Read MoreA Texas federal court issued a nationwide preliminary injunction that bars the U.S. Department of Labor from enforcing key elements of the updates to DOL’s Davis-Bacon Act. In so doing, the Court rolled back several of DOL’s attempts to extend DBA coverage more broadly.
Read MoreThe 1-800-MEDICARE call center contractor is being punished unfairly. A dangerous example is being made of Maximus. Its contract is being terminated. A new solicitation is being issued. It will have a “labor harmony requirement“ which will force the winning offeror to essentially accede to the demands of the union. That is not how the procurement system is supposed to work.
Read MoreThe timing of when to add a new Service Contract Act (“SCA”) wage determination (“WD”) to a contract for remote workers can get rather complex. It depends on the facts. And the guidance is rather sparse. Here we try to parse the rules and offer some practical guidance.
Read MoreThe Government asks for past performance information in many, many solicitations. The Government usually will reserve the right to look at other information, not just that submitted by offerors. What happens if there’s information readily available to a contracting officer that he or she doesn’t review?
Read MoreCongress is seeking to legislate to restrict Federal employee remote work arrangements. Meanwhile, the private sector and government contractors are embracing remote work arrangements. Here are my own ambiguous views on remote work.
Read MoreThe Civilian Board of Contract Appeals (“CBCA”) holds that a Montgomery County, MD janitorial contractor cannot recover the costs under its Federal Government contract for a local county law requiring increases of the applicable minimum wage. Is the Board right? Can there be different facts with different results?
Read MoreThe Department of Labor has issued a new bulletin meant to reiterate the need for human supervision and responsibility over artificial intelligence software used in the workplace for compliance with the FLSA and other requirements.
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