Judge R. Stan Baker of the US District Court for the Southern District of Georgia issued an order (Order) on December 7, 2021, enjoining the federal government “from enforcing the vaccine mandate for federal contractors and...more
The Government’s enforcement of contract provisions implementing the COVID-19 vaccine mandate with regard to federal contractors and subcontractors required by President Biden’s Executive Order 14042 (the EO) was...more
UPDATE: The Safer Federal Workforce Task Force issued updated Guidance on November 10 confirming that the date a covered employee must be fully vaccinated is January 18, 2022.
With the addition of new answers to...more
11/15/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
Federal Employees ,
Guidance Update ,
OSHA ,
Religious Exemption ,
Time Extensions ,
Vaccinations
The Government Contracts and Global Trade Group is pleased to provide a summary of some of the key class deviations and other memoranda published by U.S. Government agencies implementing the federal contractor COVID-19...more
11/10/2021
/ Coronavirus/COVID-19 ,
Department of Agriculture ,
Department of Defense (DOD) ,
Department of Education ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Department of Veterans Affairs ,
DFARS ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
NASA ,
SBA ,
Securities and Exchange Commission (SEC) ,
Social Security Administration (SSA) ,
Subcontractors ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State ,
Vaccinations
With the addition of new answers to frequently asked questions (FAQs) on November 1, and the November 4 “Fact Sheet” issued by the White House accompanying the rollout of the Department of Labor’s Occupational Safety and...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Masks ,
OSHA ,
Religious Exemption ,
Subcontractors ,
Vaccinations ,
Virus Testing
The General Services Administration (GSA) released its Class Deviation CD-2021-13 (the GSA Deviation), which, effective immediately, “provides instructions for the GSA acquisition workforce on when to include a new clause...more
10/13/2021
/ BPA ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
GWACs ,
SLAT ,
Subcontractors ,
Vaccinations
Four memoranda, released in the last several business days, provide federal contracting officers guidance and suggested clauses to implement President Biden’s Executive Order 14042 (the Executive Order) in federal contracts...more
10/7/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Joe Biden ,
OMB ,
Reasonable Accommodation ,
Religious Exemption ,
Subcontractors ,
Vaccinations
The Safer Federal Workforce Task Force issued on Sept. 24 its guidance for federal contractors and subcontractors as required by President Joe Biden’s Sept. 9 executive order on ensuring adequate COVID-19 safety protocols for...more
9/29/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Food and Drug Administration (FDA) ,
Joe Biden ,
Masks ,
OMB ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
World Health Organization
Each year, Congress presents us in Title VIII of the National Defense Authorization Act (NDAA) a potpourri of procurement reforms, changes, and additions. Some are effective immediately, while some are bound for rulemaking...more
1/26/2021
/ Berry Amendment ,
Critical Infrastructure Sectors ,
Cybersecurity Maturity Model Certification (CMMC) ,
DCAA ,
DCMA ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
ITAR ,
NAICS ,
National Stockpile ,
NDAA ,
SBA ,
Secretary of Defense ,
Small Business ,
Software Licenses ,
Subcontractors ,
Technology
Last month’s controversial Executive Order, 13950, will require federal contracts awarded after November 22, 2020, to contain a clause by which contractors agree to refrain from inculcating “race or sex stereotyping” or “race...more
On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (the Order). The Order is directed squarely at federal contractors and subcontractors, and states that its purpose is to...more
10/12/2020
/ Affirmative Action ,
Department of Labor (DOL) ,
Diversity ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Discrimination ,
Sexual Stereotyping ,
Subcontractors ,
Trump Administration
On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping. The Order is directed squarely at federal contractors and subcontractors and states that its purpose is to “promote...more
In a Class Determination and Findings (CD&F) published on April 3, 2020, the GSA’s Senior Procurement Executive directed that certain limited supplies to combat the COVID-19 virus identified in the CD&F may be acquired...more
On March 31, 2020, the Office of the Under Secretary of Defense for Acquisition and Sustainment issued a memorandum attaching a class Commercial Item Determination (CID) promulgated by the Defense Contract Management Agency...more
On Friday, March 20, 2020, the Office of Management and Budget (OMB) issued Memorandum No. M-20-18, titled “Managing Federal Contract Performance Issues Associated With The Novel Coronavirus (COVID-19).” The Memorandum,...more
The spread of the COVID-19 virus and the unprecedented steps taken by federal, state and local authorities to contain it by shutting down or significantly altering normal business operations pose great challenges to...more
The Trump administration’s focus on enhancing “Buy American” requirements in federal procurement took a leap forward on July 15, 2019, with the issuance of an Executive Order (EO) on Maximizing Use of American-Made Goods,...more
As we reported last month, the Department of Defense (DoD) has been engaging in an unusual rollout of its new cybersecurity certification program by way of road tours—led by Katie Arrington, the Special Assistant to the...more
A little-heralded change to the statutory definition of “commercial item” has now made its way to a proposed FAR rule, which will open up regulatory relief to a whole new class of government contractors – companies, both...more
Buried in a grab bag of seemingly innocuous course-correcting changes to the Bayh-Dole Act regulations (effective May 14 of this year) is the removal by regulators of the sixty-day window between the federal agency’s notice...more
The House version of the 2018 National Defense Authorization Act (“NDAA”) (passed July 14, 2017) includes key provisions that would radically change the way the Government purchases certain commercial items, and it may result...more
One common complaint we hear from our subcontractor clients is “HOW CAN WE GET PAID????” Our experience has shown that whether through inadvertence, lack of subcontract management resources – or even as a predatory business...more
The passage of the Federal Acquisition Streamlining Act of 1994 and the Clinger-Cohen Act of 1996 saw the dawning of a new era in procurement policy, pursuant to which sweeping changes to the procurement laws and regulations...more
Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more
8/23/2016
/ Board of Contract Appeals ,
Construction Contracts ,
Contract Disputes Act ,
COOs ,
Damages ,
Department of Veterans Affairs ,
Federal Contractors ,
Jurisdiction ,
Lack of Authority ,
Motion to Dismiss ,
Notice of Appeal ,
Termination for Convenience ,
Termination for Default
New Small Business Administration Rules Will Increase Eligibility for Large and Small Businesses to Bid Jointly on Set-Aside Contracts, but Not Without Greater Competition -
The U.S. Small Business Administration’s...more