Govconlaw Blog
Federal Circuit Affirms that the Government Not Liable for Contractor’s Costs of Dealing with Outbreak
By: Megan Seybuck
Published Date: June 14, 2021
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 Serka Joint Venture v. Department of State, CBCA No. 5683 (April 22, 2020). The Pernix case was [...] Read More
New Executive Order Issued on Improving Nation’s Cybersecurity
By: Megan Seybuck
Published Date: June 3, 2021
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 Brazil’s JBS attack this past week. The overarching goal of the Executive Order is to standardize cybersecurity protection protocols across [...] Read More
SAM.gov and beta.SAM.gov Have Merged
By: Lori Lange
Published Date: May 26, 2021
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, including solicitations and contract opportunities, prevailing wage determinations, and contract data reports. Contractors still used the original SAM.gov website to register to do [...] Read More
Foreign Contractor Can’t Avoid Bonding Requirement
By: Lori Lange
Published Date: May 24, 2021
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 Department Circular 570 list. FAR 28.202(a). However, the Contracting Officer can waive this requirement for contracts performed outside the United States if [...] Read More
DOL Withdraws Trump Administration Independent Contractor Rule
By: Lori Lange
Published Date: May 13, 2021
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follows a March 2021 notice of proposed rulemaking issued by the DOL citing several reasons why the rule should be withdrawn.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, would have provided a new interpretation of who is an employee and who is an independent [...] Read More
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