GovConLaw Blog
OMB Issues Memorandum on Buy American/Buy America Waivers
The Office of Management and Budget (OMB) recently issued a memorandum that provides guidance to federal agencies on Buy American/Buy America waiver requests. The memorandum comes after President Biden signed Executive Order 14005 on January 25, 2021. The Executive...
Bid Protests vs. Size Protests
When a disappointed offeror wants to challenge the award of a contract to a small business, there are two potential types of protests that it can make depending upon the circumstances of the case: a bid protest or a size protest. The bases of protest, where the...
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follows a March 2021 notice of proposed rulemaking issued by the DOL citing several reasons why the rule should be withdrawn.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...
