Contracting Rules and Regulations

President Obama’s Executive Orders Affecting Government Contractors Through Labor & Employment Law

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:

A Waiting Game: No reaction from the Court of Federal Claims to Raytheon Company, Space & Airborne Systems

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 in a contractor’s accounting practices.  In Raytheon Co. Space & Airborne Systems, ASBCA 57801 (“Raytheon”), the ASBCA announced its test for determining whether the government knew or should have known that it had a valid cause of action.

The Good, The Bad and The Ugly: Compensation Issues Faced by Government Contractors

Part 3 of 3

This is the final installment of a three-part series on compensation methods used by government contractors.  The first two installments discussed the differences between equity and non-equity compensation, as well as the benefits and disadvantages of stock options and restricted stock grants.  This article will discuss the benefits and disadvantages of synthetic equity.

Saved by the Server: The Court of Federal Claims Holds That An Electronic Proposal Submitted By The Contractor Prior To The Deadline (But Received By The Agency After The Deadline) Is Timely

Chalk a win up for those last-minute proposal submissions that run up against the submission deadline. A recent U.S. Court of Federal Claims decision held that where a proposal is submitted electronically and received by a government server under the agency’s control prior to the submission deadline, the Government Control exception applies, rendering the submission timely. Judge Allegra stated in Insight Systems Corp. and Centerscope Technologies, Inc. v.

Sequestration and the Government Contractor’s Employees: Double Trouble (continued)

In our last blog entry, we discussed how the notice requirements of the WARN Act may apply to decisions made by the contractor to deal with Sequestration.  Another employment law that rears its head in Sequestration-related employment decisions is the Fair Labor Standards Act (the FLSA).   The FLSA deals with wage and hour issues for your employees, and can be the most dangerous and costly set of employment statutes in existence.  It can lead to large awards for unpaid compensation, penalties and large attorney fee awards to prevailing plaintiffs.