Govconlaw Blog
When Does a Key Employee Become Unavailable?
By: Lori Lange
Published Date: November 9, 2020
Generally speaking, offerors on government procurements must notify the contracting agency when they know that one or more key personnel listed in their proposal become unavailable after proposal submission. Determining when the offeror actually knows that a proposed key person is unavailable, however, is not always as easy to determine as it sounds. What if the person merely states that [...] Read More
Contractor Cannot Protest Inclusion of Competitor in the Competitive Range
By: Lori Lange
Published Date: November 5, 2020
Competition is a part of doing business and is a cornerstone of government contracting. While contractors often wish they did not have to compete against other contractors for an award, attempts to limit their competition for government contracts often do not work. That was the case recently when a protester unsuccessfully challenged the government's decision to include its competitor in [...] Read More
NAACP Seeks to Enjoin Executive Order on Contractor Diversity Training
By: Lori Lange
Published Date: November 2, 2020
In a previous blog, we discussed Executive Order 13950, Combating Race and Sex Stereotyping. The EO directed federal agencies, starting on November 21, 2020, to include a clause in their contracts that prohibits contractors, during contract performance, from conducting any workplace training that “inculcates” in their employees any form of race or sex stereotyping or scapegoating. Certain contracts exempt from [...] Read More
Court of Federal Claims Constructively Terminates IDIQ Contract for Convenience
By: Lori Lange
Published Date: October 29, 2020
The Federal Government has broad rights to terminate its contracts for convenience and thereby limit the contractor's damages to termination for convenience costs instead of breach of contract damages. In fact, the Government can be held to have terminated a contract for convenience even without specifically invoking the termination for convenience clause. Where a contract contains a termination for convenience [...] Read More
OFCCP Issues Request for Comments on Workplace Diversity Training
By: Lori Lange
Published Date: October 26, 2020
In an earlier blog, we discussed Executive Order 13950, which directed federal agencies to include in their government contracts (except those contracts exempt from Executive Order 11246) a clause that prohibits contractors, during contract performance, from conducting any workplace training that “inculcates” (i.e., instills through persistent instruction) in their employees any form of race or sex stereotyping or scapegoating. The Executive Order [...] Read More
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