Government Contracts Monitor

U.S. Department Of Labor Issues Notice Of Proposed Rulemaking Concerning Affirmative Action And Non-Discrimination Against Veterans

On April 26, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking to eliminate 41 C.F.R. Part 60-250, as obsolete, and replace the existing 41 C.F.R. Part 60-300 with new regulations.  These regulations implement the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”), as amended, 38 U.S.C. § 4212.  VEVRAA, and OFCCP’s implementing regulations, are designed to eliminate employment discrimination against U.S. military veterans.  One of the means of eliminating discrimination is to require contractors to adopt and implement Affirmative Action Plans designed to increase the hiring of covered veterans.  The proposed regulations replace many suggested means of compliance with VEVRAA with new mandatory methods of compliance.

Department of Defense Issues New Source Selection Procedures

The Department of Defense has issued new Source Selection Procedures.  These procedures are effective July 1, 2011 for all acquisitions conducted under FAR Part 15.

Text Messaging While Driving Prohibited For Federal Contractors

Last Fall, the Federal Government enacted new regulations requiring all federal contractors to institute new policies and procedure prohibiting contractor employees from texting while driving federal government vehicles or while driving private vehicles when performing work on federal contracts.

Is There Relief For Government Contractors in Japan?

In the wake of the earthquake, tsunami, and nuclear reactor crisis in Japan – and the resulting power and food shortages, water contamination, and voluntary evacuations at certain U.S. bases – many federal government contractors providing goods and services on military bases there must assess the direct and indirect impact of these catastrophes on their contracts.  Will they be asked to leave the U.S. military base where they are performing their contract?  Will their performance be delayed as a result of power outages, contamination or other impacts from the tsunami?  Will the U.S. government prevent them from performing or decide to change or terminate their contract?

Possible Federal Government Shut-Down - Actions to Take Now

Contractors need to start planning and communicating now with their respective government contracting officers about how to address a possible federal government shut-down, possibly as early as this coming weekend or in a couple of weeks.  If there is a shut-down, virtually all federal government contractors face serious impacts.  Action now will enable contractors to respond appropriately in the event of a shut-down, and to minimize adverse impacts to government programs, control non-reimbursable costs and mitigate, document and account for shut-down costs for which the government will be liable.

Bid Protests @ the Court of Federal Claims: The Judges’ Take

On June 15, 2010 a panel of judges from the U.S. Court of Federal Claims (CoFC) shared insights into bid protest litigation at the court. The CoFC is one forum in which a disappointed bidder can protest the award of a federal procurement contract.

Congressional Investigations: Responding to Congressional Information Requests

Receipt of a congressional subpoena is a scary moment for any company. In recent years, government contractors have come under congressional scrutiny not faced by commercial contractors.

Navy Announces Proposed Preferred Supplier Program

This October, the Navy plans to introduce a “Preferred Supplier Program” to reward contractors that have exhibited “exemplary performance” in the areas of cost, schedule, performance, quality, and business relations. Preferred Supplier Status (PSS) will provide contractors with better cash flow, profit, and contract terms. Importantly, PSS only impacts contract performance and will not be a factor in source selection.

JK Attorney Publishes Article about Federal R&D Funding

Jackson Kelly attorney and blog contributor Eric Whytsell recently wrote an article appearing in the spring issue of Capacity magazine about federal R&D funding opportunities. In the article, Whytsell says, "despite the recently proposed spending ‘freeze,' the government will continue to make substantial R&D money available for the foreseeable future – through both contracts and grants." To read the full article see Federal R&D funding: it's out there - go get it!.

Executive Order Seeks to Limit Displacement of Qualified Workers Performing Service Contracts

On January 30, 2009, President Obama signed Executive Order 13495 (“Order”), which affects a contractor’s or subcontractor’s ability to hire new employees when a contract to provide services to the Federal Government expires and a new contract for the same services is awarded to a different contractor.