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Government Contracts

Government Contractors Can Litigate Unfavorable Past Performance Evaluations

On Behalf of Berenzweig Leonard, LLP | April 6, 2023 | Government Contracts

The government’s evaluation of a contractor’s performance on a contract is a critical component for contractors trying to win new contracts. Typically, the agency puts its evaluation in a report, commonly referred to as a CPARS (the Contractor Performance Assessment Reporting System), according to FAR Subpart 42.15. On occasion, a…

Spell It Out: Do Not Rely on Government Legwork to Prove Relevant Experience

On Behalf of Berenzweig Leonard, LLP | February 2, 2023 | Government Contracts

Two recent decisions from the Government Accountability Office (GAO) show how offerors cannot expect the government to fill in information missing from their proposal. Specifically, offerors cannot expect the government to consider their work as an incumbent on the current contract, nor can they expect the government to call the…

Smart Use of the New Government-Contractor Communications Clause

On Behalf of Berenzweig Leonard, LLP | January 19, 2023 | Government Contracts

On December 1, 2022, the FAR Council issued a final rule, Effective Communication between Government and Industry, 87 FR 73902, effective December 30, 2022, that confirms that “Government acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry” during the pre-solicitation phase…

Federal “Ban the Box” Law Takes Effect for Federal Contractors

On Behalf of Berenzweig Leonard, LLP | February 21, 2022 | Government Contracts

Federal contractors can no longer inquire about an applicant’s criminal history before extending a conditional job offer. The Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) took effect at the end of 2021. Exceptions to the Act include positions related to law enforcement and national security…

UPDATE: COVID-19 Restrictions for Government Contractors

On Behalf of Berenzweig Leonard, LLP | January 27, 2022 | Government Contracts

On January 21, 2022, Judge R. Stan Baker, a Federal District Court judge in the Southern District of Georgia issued an opinion that government contractors need to know about. The decision addressed several follow-up issues the government had with Judge Baker’s December 7, 2021 nationwide injunction, now on appeal, against…

CMMC 2.0: The Streamlined and Simplified CMMC Program

On Behalf of Berenzweig Leonard, LLP | January 6, 2022 | Cybersecurity & Data Privacy , Government Contracts

Cybersecurity continues to be a critical issue that is front and center for defense contractors. For the past two years, defense contractors have been preparing for the implementation of the Department of Defense’s (DoD) landmark Cybersecurity Maturity Model Certification (CMMC) program— a cybersecurity training, certification, and third-party assessment program intended…

Federal Contractor Vaccine Mandate Blocked Nationwide

On Behalf of Berenzweig Leonard, LLP | December 7, 2021 | Government Contracts

On Tuesday, December 7, 2021, a Georgia federal judge issued a nationwide injunction blocking the COVID-19 vaccine mandate for Federal Contractors from going into effect. The Georgia federal judge ruled that the administration had likely exceeded its procurement authority. 

Federal Contractor Employee Vax Deadline Postponed to January 4th and OSHA Finally Releases New Vax Mandate For 100-Plus Employee Companies

by Declan Leonard | November 4, 2021 | Employment & Labor Law , Government Contracts

There were some significant developments relating to COVID vaccine mandates in the workplace this Thursday that federal contractors and subcontractors as well as other companies that have at least 100 employees need to know about. For Federal Contractors: The original deadline of December 8th…

Safer Federal Workforce Task Force Issues Guidance on COVID-⁠19 Workplace Safety for Federal Contractors

by Stephanie Wilson | September 27, 2021 | Employment & Labor Law , Government Contracts

On September 24, 2021, the Safer Federal Workforce Task Force issued its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors. This was part of President Biden’s Path Out of the Pandemic: COVID-19 Action Plan, announced in early September. The Guidance requires covered contractors to conform to specific workplace…

Biden Administration Institutes Sweeping Vaccine Requirements for Federal Employees, Federal Contractors, and Businesses with More than 100 Employees

by Elizabeth Payne-Maddalena | September 10, 2021 | Employment & Labor Law , Government Contracts

As part of a multi-pronged strategy to battle the latest rise in COVID-19 cases due to the Delta variant of the coronavirus, the Biden Administration is mandating a more stringent vaccination policy for the federal workforce, federal contractors, and businesses with more than 100 employees. The overall objective is to…