GovConLaw Blog
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...
Federal Circuit Affirms That BPAs May Not Be Binding Contracts
In a previous blog, we discussed a decision by the Court of Federal Claims (COFC) in McLeod Group, LLC v. United States, 142 Fed. Cl. 558 (2019), that blanket purchase agreements (BPAs) are not contracts for purposes of the Contract Disputes Act (CDA). In that case,...
District Court Partially Enjoins Combating Race and Sex Stereotyping Executive Order
In previous blogs, we wrote about Executive Order 13950, Combating Race and Sex Stereotyping, and the NAACP’s lawsuit to enjoin implementation of Executive Order 13950. Since then, other groups have filed suit also seeking to enjoin implementation and enforcement of...
Failure to Have Active SAM Registration at Time of Bid Was Not Fatal
Government contractors must be registered in the System for Award Management (SAM) and complete required representations and certifications annually. FAR 52.204-7 requires bidders, with some limited exceptions, to be registered in SAM at the time of bid and to...
ASBCA Holds That Claim for Payment Accrues When Work Is Completed
Under the Contract Disputes Act (CDA), contractors have to submit claims against the Government relating to a contract within six years after the accrual of the claim. Under FAR 33.201, a claim accrues when all events that fix the alleged liability and permit...
OFCCP Issues New Technical Assistance Guide for Small Federal Contractors
Generally speaking, government contractors are subject to various equal employment opportunity (EEO) and affirmative action requirements. Complying with these requirements can be difficult. To assist government contractors with understanding their obligations, the...
COFC Declines to Override CICA Stay of COVID Testing Contract
When a contractor files a bid protest with the Government Accountability Office (GAO), that protest triggers an automatic stay of the procurement as long as the protest is timely filed in accordance with the Competition in Contracting Act’s (CICA) automatic stay...
