DOJ has issued guidance about how trade secrets and commercial or financial information should be treated under new Supreme Court precedent interpreting the Freedom of Information Act. This guidance hopefully will achieve the Court’s “fair reading” of the term “confidential” when it comes to determining whether information should be exempt from FOIA disclosures.
Read MoreOrdinarily, a service contractor has the duty to compare the employee positions that will be providing service under a contract with an applicable SCA wage determination so as to ascertain how much the employees should be paid and what benefits they receive. In a recent case, the Civilian Board of Contract Appeals held that that is not always the case.
Read MoreResponding to Department of Labor investigations is not a simple exercise. While you are required to cooperate, provide documents and access to employees, you are not obligated to accept an investigator’s findings and you can question them. But, before you push back, be thoughtful. And,don’t forget to check the math.
Read MoreTeaming arrangements provide great opportunities to corral the expertise and experience of two or more organizations to pursue federal contracts. A recent case illustrates how technicalities can hinder an otherwise qualified team.
Read MoreLast fall, the Supreme Court held in Encino Motorcars LLC v. Navarro that statutes should not be construed so as to achieve perceived legislative goals where there is no “textual reason” why they should be given anything other than a “fair reading.” My colleagues and I wondered whether the “fair reading” concept might show up again. Well, it did. Enter Food Marketing Institute v. Argus Leader Media.
Read MoreFederal contractors frequently face the release of their confidential information as a result of requests for information under the Freedom of Information Act (FOIA). On the surface, FOIA exemption 4 should protect such information from disclosure. However, long-standing precedent required contractors to establish they would suffer substantial competitive harm if their information was released. The Supreme Court today handed down a game-changing decision that could greatly simplify contractors’ efforts to keep their sensitive information secure from disclosure.
Read MoreThe Government usually is a good customer that pays its bills, except when it doesn’t. Can a contractor pursue a claim for an unpaid invoice? It will depend on whether the government had a reasonable time to review and pay the invoice.
Read MoreThe National Defense Authorization Act of 2018 (NDAA) was enacted roughly one year ago. In the midst of the NDAA’s customary laundry list of mandates, Congress directed the Department of Defense (DoD) to provide new “enhanced” debriefing rights. Where do things stand today?
Read MoreGSA announced it will consolidate its 24 Multiple Award Schedules into a single contract vehicle. One. Really? Yes. One.
Read MoreThe SBA Inspector General reported last week that of 56 sole source contracts awarded to self-certified women owned small businesses (WOSB) 50 were not awarded in compliance with applicable regulations. The IG went on to find that "the firms that received those contracts did not comply with the program’s self-certification requirements." Thus, there was "no assurance" that the companies were eligible to receive the awards.
Read MoreLegal counsel can increase the chances you'll be made whole when changes occur. You just might get the Government to pay for that advice.
Read MoreGAO has implemented a new electronic filing system and a $350 filing fee; DoD will now respond to written questions following a required debriefing.
Read MoreAgencies generally can't buy unlisted, off-schedule "open market" items from a Federal Supply Schedule contractor on a noncompetitive basis. Here's how CMS got tripped up by this seemingly simple rule.
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