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Federal Contractors Must Update Voluntary Self-Identification of Disability Form

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| May 14, 2020

On May 5, 2020, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs’ (OFCCP) revised voluntary self-identification of disability form. Federal contractors and subcontractors have until August 4, 2020, to adopt the new form for applicants and employees. Pursuant to Section 503 of the Rehabilitation Act, federal contractors andRead More

Topics: Labor and Employment

Continuing Developments in Cybersecurity

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| May 7, 2020

The Government continues to take steps to address its Defense Industrial Base supply chain cybersecurity. Below are some of the emerging developments you should be following in this space: Cybersecurity Maturity Model Certification (CMMC) Previously we reported on the Department of Defense’s (DoD’s) activities to roll out a CMMC program. DoD has now rolled outRead More

Topics: Cyber, Data Security, and Privacy, Supply Chain Risk Management

Past Performance, Present (and Future) Problems

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| May 1, 2020

Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. The recent Government Accountability Office (GAO) decision in Sayres & Associates Corporation (Sayres), B-418382 (March 31, 2020) reminds offerors that poor past performance, even under just one contract, can have lasting negative effectsRead More

Topics: Bid Protests and the Contracting Process

Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language

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| April 23, 2020

Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up construction of four buildings for the United States Army. The dispute in Watts Constructors, LLC, ASBCA No. 61493 involved the use of rigid conduitRead More

Topics: Claims and Disputes, Construction, Contract Administration

DoD Issues Class Deviation and Guidance to Implement CARES Act Relief for DoD Contractors under Section 3610

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| April 16, 2020

Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or leased facility or site, due to facility closures or other restrictions” and cannot telework during the COVID-19 public health emergency. AsRead More

Topics: Statutes and Regulations