Category: Government Contracts

OFCCP Issues Directive On Affirmative Action Program Compliance

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued a directive focused on ensuring covered federal contractors are complying with their obligation to develop, implement, and update written affirmative action programs (AAP). OFCCP Directive 2018-07 Entities with a qualifying federal conract must develop an AAP within 120 days of commencement [..]

Read More

Government Contracts Updates

GSA has launched The Commercial Solutions Opening (CSO) Pilot Program to provide a streamlined approach for acquiring innovative commercial products and services using the new commercial solutions opening procedure. The OFCCP recently released a description of “What Contractors Can Expect” about the commitment contractors can expect from OFCCP when seeking compliance assistance and in compliance [..]

Read More

Non-Payment Of Subcontractors

Government Involvement When Prime Contractors Fail To Pay Subcontractors Subcontractors who have not been paid for their goods or services as a general rule do not have the ability to seek redress from the government. Because subcontractors lack privity, their recourse lies in an action against the prime for breach of contract or some other [..]

Read More

Success Stories / Representative Matters

Clients that are new to the firm with prospective cases often ask us for descriptions of representative matters. And, over the last eleven years we’ve had many success stories to be proud of and to share with you. In an effort to provide more samples of our work, we have been writing posts like those [..]

Read More

Intervening In A Bid Protest

Protecting Your Award By Intervening Protests are a legal mechanism by which an interested party can challenge the outcome of a procurement. When an unsuccessful offeror chooses to protest an award, absent certain circumstances performance of the contract either may not begin or if it has begun must cease until the outcome of the protest. [..]

Read More

Privity of Contract

An Enforceable Contract Between The Government And A Subcontractor Often in public procurements the government will make an award to a prime contractor and then for various reasons the prime will subcontract portions of the work to other vendors. These subcontracts are governed by common law and written agreements between the prime and sub. Even [..]

Read More

Witness Fees Under The Equal Access to Justice Act

Recovering Witness Fees Under the EAJA The Equal Access to Justice Act (EAJA) enables parties to seek costs and attorneys’ fees against the government under certain circumstances. Specifically, the EAJA provides that a court shall award to a prevailing party (other than the United States) fees and expenses incurred by that party in a civil [..]

Read More

Regulatory Updates – Veteran Owned Businesses and DIUx

VOSB Verification Guidelines Change The Department of Veterans Affairs issued a final rule on July 12, 2017 relating to verification of ownership and control of veteran owned small businesses. This new rule contains a minor revision to the Veterans Benefits, Health Care, and Information Technology Act of 2006 to require re-certification of SDVOSB/VOSB status once [..]

Read More