GovConLaw Blog
Federal Circuit Affirms that the Government Not Liable for Contractor’s Costs of Dealing with Outbreak
In an earlier blog, we wrote about the Civilian Board of Contract Appeals’ (CBCA) decision denying a contractor’s claim for the costs of demobilizing from a construction site due to concerns about performing work during an Ebola virus outbreak in Appeal of Pernix...
New Executive Order Issued on Improving Nation’s Cybersecurity
On May 12, 2021, the Biden Administration issued Executive Order 14028 on Improving the Nation’s Cybersecurity. The Executive Order comes in the wake of cybersecurity incidents such as the SolarWinds hack in December 2020, the recent Colonial Pipeline attack, and...
SAM.gov and beta.SAM.gov Have Merged
Effective May 24, 2021, the SAM.gov and beta.SAM.gov websites have merged and become one system. Back in 2019, the Government created the beta.SAM.gov website to streamline the websites where contractors could access information relating to government contracts,...
Foreign Contractor Can’t Avoid Bonding Requirement
Government construction contracts in excess of $150,000 require contractors to furnish payment and performance bonds. FAR 28.102-1(a). When these bonds are required, bonds supported by corporate sureties must be issued by sureties whose names appear on the Treasury...
DOL Withdraws Trump Administration Independent Contractor Rule
On May 6, 2021, the Department of Labor (DOL) withdrew its Independent Contractor rule. The withdrawal follows a March 2021 notice of proposed rulemaking issued by the DOL citing several reasons why the rule should be withdrawn. The rule, published on January 7, 2021,...
Biden Raises the Minimum Wage for Federal Government Contractors and Subcontractors to $15/Hour Effective January 30, 2022
On April 27, 2021, President Biden issued an Executive Order on Increasing the Minimum Wage for Federal Contractors, requiring covered government contractors and subcontractors to pay workers performing work on or in connection with a government contract at least...
DOL Ends Its PAID Program
Recently, the Biden Administration reversed another program put in place by the Trump Administration. This time it abolished a self-audit program for employers to identify potential violations of labor laws regarding wage and overtime compensation. The program also...
Buy American Update: FAR Final Rule & New Executive Order
The Buy American rules are in a state of flux and it is difficult to predict what the final requirements will be in the future. Shortly after the FAR Council issued the final Buy American rule, the Biden Administration proposed significant changes to the Buy American...
President Biden Revokes Combating Race and Sex Stereotyping Executive Order
On January 20, 2021, his first day in Office, President Biden issued an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. The Executive Order states that it is the policy of the Biden Administration that...
DOL Announces Final Rule Clarifying Independent Contractor Status Under FLSA
On January 7, 2021, the Department of Labor (“DOL”) published its final rule revising its interpretation of whether workers are employees or independent contractors under the Fair Labor Standards Act (“FLSA”). 86 FR 1168. This final rule will go into effect on March...
Submission of an REA Does Not Toll CDA Statute of Limitations
Most government contractors are familiar with the disputes process for pursuing claims against the Federal Government. Generally speaking, the contractor submits a claim (certified if necessary) to the Contracting Officer who issues a final decision on the claim. The...
The Federal Government Contract Minimum Wage Increase Is in Effect
Effective January 1, 2021, federal government contractors are required to pay their employees performing work on or in connection with covered government contracts at least $10.95 per hour – an increase of $0.15/hour from the 2020 federal minimum wage. 85 FR 53850...
