Government Contracts

On May 6, 2020, the FAR Council issued a final rule amending the FAR to implement President Trump’s October 31, 2019 Executive Order revoking President Obama’s January 30, 2009 Executive Order on the Nondisplacement of Qualified Workers Under Service Contracts. The final rule deletes FAR subpart 22.12 in its…

On May 11, 2020, the SBA published a final rule implementing a certification requirement for Women-Owned Small Businesses (WOSBs) and Economically Disadvantages Women-Owned Small Businesses (EDWOSBs) and adjusting the economic disadvantage thresholds for determining whether an individual qualifies as economically disadvantaged for both the EDWOSB and 8(a) programs. WOSB/EDWOSB Certification…

On March 30, 2020, the Civilian Agency Acquisition Council (CAAC), the civilian agency component of the FAR Council, expanded the availability of accelerated payments. It issued a FAR class deviation to add small business prime contractors to those entitled to accelerated payments. In doing so, the CAAC implemented a…

The new FAR regulations dealing with the small business programs in FAR Part 19 recently adopted by the FAR Council can get lost in the news of the coronavirus and the need for contractors to find ways to keep their doors open. But, buried among the 28 pages of 3-column…

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which is an expansive economic relief bill, includes a provision that may provide relief to contractors whose employees are unable to work due to coronavirus-related facility closures or other restrictions. This provision, Section 3610, permits agencies to modify the terms and…

On March 20, 2020, the Office of Management and Budget (OMB) issued a Memorandum to the Heads of Executive Departments and Agencies to identify steps to ensure the health and safety of federal contractors while maintaining continued contract performance. This OMB guidance should provide some standardization across federal agencies in…

Getting government contracts in the future depends greatly on how well a company has performed in the past. That’s because Federal procurement policy for years has stressed the importance of the government using past performance as a mandatory evaluation factor in solicitation for future contracts. Often, these solicitation evaluations are…

With the  coronavirus now  severely impacting the United States, many government contractors are now forced to deal with unforeseen contractual, legal, and business challenges. Here are some  recommendations to help government contractors prepare for the potential impacts on their business.  Issue No. 1:  Disruptions in…

Unlike the automatic stay of performance that protestors get for free at the Government Accountability Office (GAO), stopping contract performance at the U.S. Court of Federal Claims (COFC)  comes at a price. The COFC recently imposed a $42,000,000 bond on Amazon for stopping performance of the JEDI contract. The…