By: Timothy M. McConville, Esq. As part of its on-going effort to provide guidance to the contractor community, OFCCP has posted additional Frequently Asked Questions (FAQs) responding to questions received from federal contractors. The FAQs address requirements of the revised regulations … [Read more...]
Court Action Renews Fears about Mandatory Disclosure Rule
By: Matthew R. Keller, Esq. A recent, federal evidentiary ruling calls the Attorney-Client Privilege and Work Product Doctrine into question where privileged documents relate to an internal investigation made pursuant to the FAR’s Mandatory Disclosure Rule. Most … [Read more...]
New Labor Regulations Regarding Veterans and Disability Effective March 24th
By: Michelle S. DiCintio, Esq. On March 24, 2014, new regulations issued by Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) went into effect. The most significant requirement is that covered federal contractors must adopt hiring benchmarks for veterans and utilization … [Read more...]
Small Business Legislative & Regulatory Update
Proposed Changes to the FAR Regarding 8(a) Program Contracts DoD, GSA and NASA have proposed amending the FAR to provide guidance on an 8(a)’s ability to continue to accept orders after its departure from the program and provisions related to 8(a) protests. The rules were issued, in part, to … [Read more...]
“New” Minimum Wage
By: Matthew R. Keller, Esq. Yesterday, the President signed an Executive Order (EO) “Establishing a Minimum Wage for Contractors.” The EO was first announced in advance of the President’s State of the Union Address in January, 2014. The EO continues the momentum of other, federal contract … [Read more...]
Guide to DFARS Contract Clauses, 2014 Edition
The Guide to DFARS Contract Clauses: Detailed Compliance Information for Government Contracts is a print version of our popular DFARS Matrix Tool. It provides the full text of every DFARS solicitation provision and contract clause, followed by a detailed, plain English explanation, relevant … [Read more...]
After the Shutdown Ends: Getting Back on Track
By: Brian A. Darst, Esq. While the Government shutdown is still in full effect, it will end someday soon, and Federal Government contractors must be on the lookout for certain issues that may come up when the Government asks them to start or re-start performing their work. Although this … [Read more...]
SBA Final Rule Regarding Task and Delivery Order Contracts; Bundling and Consolidation, 78 Fed. Reg. 61114 (October 2, 2013)
SBA recently issued a significant rule affecting Multiple Award Contracts (MACs) that implements Section 1331 of the Small Business Jobs Act of 2010. Section 1331 focuses on several “tools” contracting officers can use to increase small business participation in MACs. The final rule also addresses … [Read more...]
Are You Legally Responsible For Your Employees’ Actions?
As a government contractor, or indeed any employer, one of the most worrying questions you can face is what will happen if one of your employees is injured or injures someone else. Are you responsible for their actions, and if so, could you face legal action? Let’s take an example of a company … [Read more...]
Release of PRISM data will harm security according to new U.S. and FBI court filings
GigaOM reported the FBI and the US government says Google, Microsoft and other tech firms have no free speech right to declare how many data demands they receive under a controversial Foreign Intelligence Surveillance Act legal process. The Department of Justice, in long-awaited court filings … [Read more...]
GOVERNMENT’S DUTY TO INQUIRE
We've written often about the contractor's duty to inquire and seek clarification of solicitation ambiguities before submitting its bid. The rule is clear. If the solicitation is obviously unclear, the contractor has a duty to inquire and seek clarification of the ambiguous language or assume the … [Read more...]
Equal Benefits Ordinance Laws Having an Effect
Back in 1996, San Francisco became the first city in the United States to fundamentally change the way that unmarried partners were treated from an employment perspective. Their equal benefits ordinance (EBO) required all local government contractors to give unmarried partners of employees the same … [Read more...]