Government Contracts

On January 29, 2021, Oracle filed a petition for a writ of certiorari with the Supreme Court over the Department of Defense’s (“DoD”) Joint Enterprise Defense Infrastructure (“JEDI”) contract. The DoD reaffirmed the estimated $10 billion JEDI contract award to Microsoft on September 4, 2020 after the Court of Federal Claims “CoFC” initially halted...

On February 16, 2021, a COFC judge dismissed DynCorp’s bid protest of a $717.5 million dollar Army intelligence support order because the COFC lacked jurisdiction to hear the case. DynCorp argued that CACI Technologies was ineligible for the award because CACI Technologies restructured from a corporation to a limited liability company during the procurement...

A “small business concern” is eligible for certain Federal programs, including the All Small Mentor-Protégé Program, and for certain Federal contracts and subcontracts.  Often times, the question of whether your business qualifies as small is a straightforward question of your revenue, or how many employees you have.  This article introduces the concept of affiliation,...

On February 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) withdrew an opinion letter that had previously provided guidance on when certain businesses may classify workers as independent contractors under federal wage and hour laws. Opinion letter FLSA 2019-6, issued in 2019 during the Trump Administration, had given employers a...

The All Small Mentor-Protégé Program (“All Small”) is a small business development program administered by the U.S. Small Business Administration (“SBA”).  Through this program, a small business can team up with a large business and use the large business’s experience and resources, to aid in their own development and to assist their entry into...

Small government contractors are in an unenviable position when it comes to developing effective ethics and compliance programs. On the one hand, profit margins are low, competition is fierce, and financial and personnel resources are scarce -- particularly for tasks that do not contribute immediately to the bottom line. On the other hand, government...