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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, 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….

Wednesday, July 31st, 2019

Prime contractors are responsible for incorporating the appropriate provisions of their prime contracts into the agreements with their subcontractor. Determining which clauses are applicable to subcontractors and how best to monitor subcontractor compliance needs to be a priority. The first…

Monday, July 8th, 2019

The U.S. Department of Labor (DoL) just announced that the Wage and Hour Division (WHD) recovered a record $304 million in wages owed to workers in the Fiscal Year 2018 (read more here). This includes violations of labor laws unique…

Monday, July 8th, 2019

Most companies pursuing government contracts enter into teaming agreements to prepare and submit their proposals. Teaming agreements are an important element of the government contracting proposal process, used to enhance the likelihood of the teaming partners winning a contract by…

Monday, July 8th, 2019

Most contractors are aware that President Trump signed into law the Small Business Runway Extension Act of 2018 on December 17, 2018. The Act modified how the Small Business Administration (SBA) calculates a business’ size for revenue-based size standards. Size…