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Government Contracts

New FAR Provision Prohibits TikTok on Contractor Devices

On Behalf of Berenzweig Leonard, LLP | June 8, 2023 | Government Contracts

On June 2, 2023, the FAR Council issued an Interim Final Rule implementing a new FAR provision, FAR 52.204-27, Prohibition on a ByteDance Covered Application (June 2023), that imposes on government contractors a broad prohibition on the use or even the presence of the TikTok app or other software developed…

Federal Contractors Need to Prepare for Possible Debt Ceiling Crisis

by Stephanie Wilson | May 22, 2023 | Government Contracts

The United States reached its debt limit in January 2023, and since then has been using “extraordinary measures” to avoid defaulting on its financial obligations, including Social Security, Medicare, salaries for military and federal civilian employees, and payments to government contractors. Treasury Secretary Janet Yellen has stated that the U.S.

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…