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With inflation surging to the highest level in over 40 years, there is heightened focus on how to equitably balance risk between the government and the contractor.  This is particularly a concern when it comes to fixed-price contracts, where contractors generally bear the risk of cost increases, including inflation. Unless the contract states otherwise,...

The Department of Defense (“DoD”) released its “Equity Action Plan” (the “Equity Plan”) which was developed to ensure the creation of “opportunities for all Americans.” This Equity Plan was developed in response to President Biden’s January 2021 Executive Order 13985 – “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” The...

As most government contractors know, government customers frequently amend solicitations—often multiple times and sometimes after proposals have already been submitted.  These multiple amendments can extend the solicitation period by months or even years. So what happens when the solicitation is a small business set-aside and the offeror could certify as small at the time...

Federal contractors and subcontractors are now required to certify annually to the Office of Federal Contract Compliance Programs (“OFCCP”) that they have developed and maintained an affirmative action program (“AAP”). On February 1, 2022, registration for the OFCCP Contractor Portal opened and on March 31, the certification features were turned on. Contractors have from...

‘Ban the Box’ Hiring Law Applies to Federal Contractors As of December 20, 2021, federal contractors can no longer inquire about an applicant’s criminal history before extending a conditional job offer to work on a government contract. This does not preclude federal contractors from asking an applicant about criminal history after a conditional offer...

OSHA Suspends Enforcement of COVID-19 Vaccination-or-Test Requirement On Thursday, November 4, 2021, the Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) released its COVID-19 Vaccination and Testing Emergency Temporary Standard(ETS), which requires employers with more than 100 employees to mandate their workers are fully vaccinated or test at least weekly for COVID-19....