January 12, 2021
OFCCP Opinion Letter Addresses Religious Bias in the Workplace
The Office of Federal Contract Compliance Programs (OFCCP) enforces Executive Order 11246, which applies to…
January 8, 2021
In Re: Chronos Sols.-The GAO Indicates That COVID Related Contract Changes Can be Material Changes
In Chronos Sols., LLC, the GAO determined its first COVID-19 case in September of 2020…
January 7, 2021
United States ex rel CIMZNHCA LLC v. UCB Inc.- The Government Can Intervene by Way of Filing a Motion to Dismiss
The 7th Circuit set a new standard for the government dismissal of a whistleblower False…
January 6, 2021
United States ex rel. Adams v. Dell Computer Corp.- Contractual Conditions Must be Material to the Government’s Decision to Pay
The plaintiff in this case alleges that Dell violated the False Claims Act (“FCA”) by…
January 6, 2021
Should Employers Require COVID-19 Vaccinations?
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance…
January 5, 2021
Can Employers Require COVID-19 Vaccinations?
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance…
January 4, 2021
In Re: Teledyne Brown Eng’g Inc.,- Appearances Are Important! Even Appearance of a Conflict of Interest is Enough to Taint a Contract
In this case, Teledyne Brown Engineering, Inc. (“TBE”) protested an award to SGT, LLC by…
December 17, 2020
Assessing Contractor Implementation of Cybersecurity Requirements
The Department of Defense (“DoD”) implemented a new Interim Rule on November 30, 2020 –…
October 23, 2020
Successful Strategies for Navigating Small Business Set-Asides
Join Partner Timothy Furin as he covers successful strategies for navigating small business set-asides in the…
October 22, 2020
SBA Mentor-Protégé Program Consolidation
On October 16, 2020, the U.S. Small Business Administration (“SBA”) published its final rule merging…
July 16, 2020
Virginia Becomes First State to Adopt Statewide Emergency Workplace Procedures Amid COVID-19 Pandemic
On July 15, 2020, Virginia adopted § 16 VAC 25-220, Emergency Temporary Standard, and Infectious…
July 9, 2020
Virginia Government Contractor Facing Federal Indictment for Allegedly Selling Chinese-Made Products to US Government
On July 6, 2020, a federal grand jury returned an indictment charging Arthur Morgan, of…
July 9, 2020
Ward & Berry PLLC Opens Office in Austin, Texas
Ward & Berry PLLC, a D.C. boutique law firm with deep experience serving government contractors…
May 20, 2020
Virginia Joins Maryland and Prohibits Covenants Not to Compete for Low-Wage Employees Effective July 1, 2020
Less than a year after Maryland limited competitive restraints employers may place on low-wage employees,…
May 12, 2020
How to Reduce Costs to Protesters and Streamline the Bid Protest Process Through Agency Level Protests
Most bid protests are filed with the Government Accountability Office (GAO) or brought before the…
April 29, 2020
Loans Above $2 Million Taken Under the PPP Will Be Audited According to Treasury Secretary Mnuchin
As we have written about extensively, the CARES Act enacted in response to the coronavirus…
April 29, 2020
OHA Decision Illustrates the Importance of Reviewing Small Business Set-Aside Joint Venture Agreements Before Each New Opportunity
In CVE Protest of KTS Solutions Inc. (“KTS”), No. CVE-146-P, the SBA Office of Hearings…
April 28, 2020
Paycheck Protection Program: New FAQ Addresses Retroactive “Economic Uncertainty” Certification Requirement and May 7, 2020 Safe Harbor
On April 24, 2020, the Paycheck Protection Program (PPP) and Health Care Enhancement Act were…
April 8, 2020
SBA Interim Final Rule Provides Critical Guidance for Paycheck Protection Program Under the CARES Act
On April 2, 2020, the Small Business Administration (SBA) published an interim final rule, “Business…
March 19, 2020
Coronavirus Relief Legislation Targets Family & Sick Leave: Stimulus Package in Progress
Late Wednesday night, President Trump signed into law a coronavirus relief package with provisions…
March 13, 2020
DoD, GSA, and NASA to Issue Final Rule Conforming FAR to 2013 SBA Rule Regarding Multiple-Award Contracts and Small Businesses
DoD, GSA, and NASA are issuing a final rule, effective March 30, 2020, that will…
February 10, 2020
What the Federal Tort Claims Act (FTCA) Means for Federal Employees
The Federal Tort Claims Act (FTCA) provides a limited waiver of sovereign immunity for claims…
February 7, 2020
SBA’s Office of Hearings And Appeals (OHA) Confirms: Affiliation Rules Are Not A Basis To Protest SDVOSB Status Notwithstanding New SBA Rules
On November 3, 2018, Alpha4 Solutions LLC (Protester) protested the Service-Disabled Veteran-Owned Small Business (SDVOSB)…
February 5, 2020
Is My Unregistered Mark Protected Under the Lanham Act?
While registering a mark with the U.S. Patent and Trademark Office is prima facie evidence…
January 30, 2020
Court of Appeals for the Federal Circuit: Boards Have Jurisdiction to Hear Appeals Notwithstanding Nontechnical Defect in Certification
In DAI Global LLC v. Administrator of the US Agency for International Development, the Court…
November 20, 2019
New Rule Issued by the Department of Defense to Restrict Use of the LPTA Selection Process
On September 26, 2019, the Department of Defense (DOD) issued a final rule amending the Defense…
October 2, 2019
SDVOSB- Understanding the Requirements
What does it take to become and stay qualified as a service-disabled veteran-owned small business…
March 27, 2019
Can small business program misrepresentations subject a contractor to False Claims Act liability?
Two federal courts, in relatively recent decisions, have reached opposite conclusions on the question of…
March 27, 2019
BREAKING NEWS — Court of Federal Claims orders the re-evaluation of the Alliant 2 Small Business GWAC following bid protest
It’s rare that the often staid government contracts world sees an event that is truly…
March 26, 2019
Update on recent False Claims Act settlements by DOJ
In fiscal year (FY) 2018, the DOJ obtained more than $2.8 billion in settlements and…
March 25, 2019
1Q2019 Legislative and Regulatory Roundup
With the first quarter of the year turning the corner, we wanted to provide a…
February 27, 2019
New rule clarifies strict interpretation of prohibition on charging workers recruitment fees (FAR 52.222-50).
Although FAR 52.222-50 (Combating Trafficking in Persons) has for years barred federal contractors and their subcontractors from…
February 26, 2019
H.R. 190 seeks to expand contracting opportunities for small businesses, reinforce certification requirements
A new bill, H.R. 190, proposes to amend the Small Business Act to increase the…
February 9, 2019
Proposed changes to FRCP 30(b)(6) (deposition of a corporate representative) and how they may affect you.
Rule 30(b)(6) of the Federal Rules of Civil Procedure has long been both a blessing…
December 21, 2018
New Law Makes It Easier For Contractors To Qualify For Small Business Set-Aside Contracts
Update: The SBA has issued guidance which takes the position that the new calculation method does…
August 6, 2018
Court of Federal Claims Allows Planate to Seek Reimbursement for Arming Its Personnel
On July 27, 2018, the U.S. Court of Federal Claims denied the Government’s Motion to…
June 28, 2018
Assignments and Novations
Typically, government contracts cannot be assigned from one contractor to another. However, the law recognizes…
May 29, 2018
Can the FOIA Betray Your Trade Secrets?
A company’s trade secrets can be among its most valued property. Of course, a company’s…
May 21, 2018
“Legitimate Interest” Under the GDPR
In our last blog post, we described generally the European Union’s new data privacy regulation…
May 10, 2018
What Does the GDPR Mean for U.S. Companies?
Starting May 25, 2018, U.S. companies who sell products or services in the European Union…
