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Government Contracts

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…

The Danger of Not Strictly Following the Assignment of Claims Process

On Behalf of Berenzweig Leonard, LLP | June 15, 2021 | Government Contracts

For a contractor, making sure it gets a steady cash flow so it can perform a government contract may be one of the most important prerequisites for successfully performing a contract. One way a contractor can be assured of steady cash flow is by doing “an assignment of claims” under…

“Ratification” Makes Agency Pay for Using Expired Software License

On Behalf of Berenzweig Leonard, LLP | June 15, 2021 | Government Contracts

If the government benefits from something a contractor provides without contracting officer approval, there are only a few ways a contractor can force the government to pay. In a recent decision of the Civilian Board of Contract Appeals (CBCA), the Board used one of those ways and made sure the…

What Government Contractors Need to Know About the Executive Order Raising the Minimum Wage for Certain Federal Contractors

by Stephanie Wilson | May 19, 2021 | Government Contracts

On April 27, 2021, President Biden signed an Executive Order raising the minimum wage from $10.95 to $15.00 per hour for certain federal contractors, starting January 30, 2022. The Executive Order will apply to any new contract; new contract-like instrument; new solicitation; extension or renewal of an existing contract or…

Only a “Required Debriefing” Extends the GAO Protest Deadline

On Behalf of Berenzweig Leonard, LLP | March 31, 2021 | Government Contracts

Under GAO’s bid protest regulations, a post-award protest must be filed within ten days from the time the protester knew or should have known the basis of the protest. However, if a protestor receives a “required debriefing,” then a protest must be filed within ten days after the date of…

Offerors Must Always Carefully Review the Q&As Before Submitting a Proposal

by Stephanie Wilson | March 30, 2021 | Government Contracts

GAO’s recent decision in Barbaricum, LLC, B-418427.7 (Dec. 11, 2020) highlights the importance of carefully reviewing all Q&As issued as part of a solicitation. The Army Material Command (AMC) issued a solicitation for training support services to provide “special operations forces (SOF) training for counter terrorism, counter narco-terrorism, counter…

Avoiding Problems with Verifying an “Adequate Accounting System”

On Behalf of Berenzweig Leonard, LLP | March 30, 2021 | Government Contracts

One golden rule for contractors trying to win a government contract is “Carefully read the solicitation’s fine print.” This is especially true for an offeror trying to win contracts other than firm-fixed-price contracts. To win cost-reimbursement contracts and task orders, an offeror generally must provide the agency with “verification” that…

Supreme Court Opines on the Deliberative Process Privilege

On Behalf of Berenzweig Leonard, LLP | March 28, 2021 | Government Contracts

There are situations in which a government contractor might want access to documents held by the government. The Freedom of Information Act (FOIA) provides a means to acquire such documents. FOIA requires federal agencies to make records available to the public upon request unless those records fall within one of…

Tips for Obtaining an Effective Required Debriefing

On Behalf of Berenzweig Leonard, LLP | March 28, 2021 | Government Contracts

In this article, we describe the general rules that a government contractor must follow to get an effective “required debriefing.” It is based on our years of government contract experience working with clients who want to get as much information as possible from the government on why they lost a…