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Friday, April 24th, 2020

Department of Defense solicitations require a Mission-Essential Contractor Services Plan when the DoD procures “Essential contractor Service and Mission-essential Functions.” DFARS 252.237-7023. The Plan must address the contractor’s ability to provide mission-essential functions during periods of crisis including, for example,…

Tuesday, January 14th, 2020

The SBA has proposed significant changes to the rules governing joint ventures as part of its overhaul of the SBA’s small business program regulations. The 3-2 Rule: Currently, a joint venture may receive a maximum of three contract awards in…

Tuesday, December 17th, 2019

President Trump signed into law the Small Business Runway Extension Act of 2018 on December 17th, 2018. The Act modified how the SBA calculates a business’ size for revenue-based size standards. The Act also increased the period of time used…

Wednesday, November 13th, 2019

Defaulting on a contract will likely have a substantial negative impact on your business beyond the losses experienced for the terminated contract. The standard default clause in a government contract states that the government can terminate a contract for default…

Thursday, October 17th, 2019

Presently 33 states and the District of Columbia have enacted medical marijuana laws. While some of these laws have been on the books for several years, the impact on employers and company policies are still evolving. This issue has created…

Thursday, September 26th, 2019

A string of recent GAO decisions dismissing untimely bid protests suggests it is a good time to review GAO’s timeliness rules. In general, protests challenging patent improprieties in a solicitation must be filed prior to the deadline for the submission…

Thursday, September 12th, 2019

Most government contracts include a clause giving the government the right to terminate the contract, or any part thereof, for its sole convenience “when it is in the best interests of the government.” FAR Parts 49, 12, 13, and 31 establish…

Friday, August 16th, 2019

OTA Overview The Department of Defense can issue Other Transaction Agreements (“OTA”) for research, prototypes, and production. 10 U.S.C. § 2371b. Research OTAs are available for basic, applied, and advanced research projects. The DoD may also acquire prototypes using OTAs….

Friday, March 6th, 2015

Since taking office in January 2009, President Barack Obama has issued several significant Executive Orders (“EO”) affecting government contractors, particularly in the area of labor and employment law. We summarize the most important of these EOs below: EO 13495 On…

Tuesday, July 23rd, 2013

A recent decision of the Armed Services Board of Contract Appeals (“ASBCA”) seems to nail down the issue of exactly when a claim accrues to the government under the Contracts Disputes Act (“CDA”) arising from increased costs due to changes…