On August 26, 2015, the U.S. Department of Defense (DoD) issued an interim rule that affects almost all government contractors. The interim rule requires government contractors to report “cyber incidents” that result in real or actual adverse effects on contractor information systems. The rule went into effect immediately.
Incorporation of Terms in a Contract by Reference
Courts and boards have narrowly construed when a contract will incorporate extrinsic terms by reference. A good example of this practice occurred in a recent decision of the U.S. Court of Federal Claims, Peterson Industrial Depot, Inc. v. U.S., 140 F
2018 National Defense Authorization Act opens up opportunities for more small and large businesses
On December 12, 2017, President Donald Trump signed the 2018 National Defense Authorization Act (NDAA). A number of the provisions increase opportunities for large and small businesses and open the Government contracting market to a number of vendors
Dangers with emailed proposals
Dangers with emailed proposals Earlier this year, I posted about how an emailed proposal was ruled late and therefore not eligible to be considered for evaluation. Another offeror has had a similar problem. So I relate this sad cautionary tale with t
Federal contractors have to pay higher minimum wage in 2018
On September 15, 2017, the Wage and Hour Division of the U.S. Department of Labor announced the new minimum wage rate that government contractors will have to pay in 2018: $10.35 an hour. This is an increase from the current rate of $10.20 an hour. T
Yes, the Federal Government does have implied duty of good faith and fair dealing
In a recent decision, the U.S. Circuit Court of Appeals for the Federal Circuit has affirmed that the Federal Government does have an implied duty of good faith and fair dealing in conducting its business. Basic contract details The contractor agreed
Sep
09
Sep
02
Update: On Labor Day (September 7, 2015), President Barack Obama signed an executive order requiring all government contractors to provide paid sick leave.
Aug
26
Earlier this year, Lanier Ford’s Federal Government Contracting team earned a favorable decision in a security-clearance revocation before the Defense Office of Hearings and Appeals (DOHA) within the U.S. Department of Defense (DoD). The matter came before the DoD after the agency became concerned about the security clearance level held by an employee of a private-sector contractor. The DOD issued a statement of reasons to the employee (the applicant) in which the DoD sought to revoke applicant’s security clearance because of financial difficulties the applicant faced. After a hearing on the matter, the DOHA determined that the applicant was not a security risk and was therefore eligible for security clearance. See In the Matter of: *** Applicant for Security Clearance, ISCR Case No. 12-11841, 2015 WL 1881742, at *1 (DOHA Apr. 20, 2015).
Jul
23
Since 2009, the U.S. Department of Labor (DOL) has been cracking down on misclassification of workers. The DOL has just issued another document that confirms its determination to enforce those provisions of the Fair Labor Standards Act and the Internal Revenue Code that require employers to do the following for employees (but theoretically not for independent contractors):
Jul
17
A Huntsville manufacturer, who did more than $2 million in business with the federal government during 2014, has been investigated and sanctioned by the Office of Federal Contract Compliance Programs (OFCCP).