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FAR Council: “Contract” Does Not Include “Order” in SBA Law

On Behalf of Berenzweig Leonard, LLP | April 20, 2020 | Government Contracts

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…

Section 3610 of the CARES Act Provides Relief to Impacted Contractors

by Stephanie Wilson | April 20, 2020 | Government Contracts

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…

Considerations for Businesses Employing Foreign Nationals Amid COVID-19

by Kristin A. Zech | April 20, 2020 | Employment & Labor Law

The spread of the novel coronavirus and COVID-19 has precipitated an unprecedented interruption to the United States, as many residents are forced to stay home, and businesses required to temporarily shutter their doors, or operate with a scaled-back workforce.  However, for businesses employing foreign nationals, “pausing” the employment relationship…

Riding the Rocket Docket – The COVID-19 Edition, Part 2

On Behalf of Berenzweig Leonard, LLP | April 13, 2020 | Rocket Docket

As the COVID-19 crisis continues, the U.S. District Court for the Eastern District of Virginia has continued to issue General Orders adjusting its practice rules to accommodate the competing interests of public health safety and the Constitutional rights and other interests of parties in civil and criminal litigation. Among other…

Riding the Rocket Docket – The COVID-19 Edition

On Behalf of Berenzweig Leonard, LLP | March 25, 2020 | Rocket Docket

While the nation (and the world) struggle with the spread of the novel coronavirus, the U.S. District Court for the Eastern District of Virginia has put a number of changes in place that mirror those occurring in other federal and state courts. A summary of the changes appears on the…

OMB Issues Guidance to Agencies on Managing Federal Contract Performance Issues Associated with COVID-19

by Stephanie Wilson | March 24, 2020 | Government Contracts

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…

3 Ways Contractors Can Get Proactively Involved in CPARS Evaluations

On Behalf of Berenzweig Leonard, LLP | March 20, 2020 | Government Contracts

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…

How Government Contractors Can Prepare For and Mitigate Challenges Due to the Coronavirus

by Stephanie Wilson | March 19, 2020 | Government Contracts

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…

Criminal law; immigration; preemption doctrine

On Behalf of Berenzweig Leonard, LLP | March 16, 2020 | Employment & Labor Law

KANSAS v. GARCIA, ___ U.S. ___, No. 17-834 (3 March 2020) Until 1986, federal law did not prohibit employing illegal aliens.  In 1986, Congress enacted the Immigration Reform and Control Act (IRCA) that makes it illegal to knowingly hire an illegal alien to work in the United States. …

Bivens action; whether to extend the Bivens doctrine; separation of powers

On Behalf of Berenzweig Leonard, LLP | March 4, 2020 | Business Litigation

Hernandez v. Mesa, ___ U.S. ___, No. 17-1678 (25 February 2020) In Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), the Supreme Court held that a person claiming to be the victim of an unlawful arrest and search could bring a 4th Amendment claim for damages against…

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