Government Contracts

Federal contractors must know the requirements for maintaining records pertaining to work performed on federal contracts. Unfortunately, there’s not one definitive answer on how long a record should be kept. Often, the first step for determining how long a record must be kept is identifying what type of records your organization creates and maintains...

The Minority Small Business and Capital Ownership Development Program—commonly known as the “8(a) Program”—provides participating small businesses with training, technical assistance, and contracting opportunities in the form of set-aside and sole-source awards. The SBA administers the 8(a) Program.  Eligibility for the program is generally limited to small businesses “unconditionally owned and controlled by one...

One of the main reasons why contractors choose to file bid protests at the Government Accountability Office (GAO) is the automatic stay of performance required by the Competition in Contracting Act (CICA) – more commonly known as a “CICA stay.” The Competition in Contracting Act requires the contracting officer to immediately stay performance if...

Kathleen Hicks, the Biden Administration’s nominee for Deputy Defense Secretary, expressed criticism this week for the current “use or lose” culture in defense budgeting. "If the incentive structure is you only get your money if you spend it inefficiently and hold on to it and hide the ball, you'll never get the business reform...

Every small business government contractor is familiar with the Rule of Two —it is the longstanding axiom of federal procurement law that an agency must conduct market research to determine whether there is a “reasonable expectation” that least two responsible small businesses will submit offers at fair market prices in response to a government solicitation...

As covered in GovConLaw article “OFCCP Compliance Evaluations: General Overview”, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) monitors contractor compliance with Equal Employment Opportunity (“EEO”) laws and corresponding affirmative action requirements through compliance evaluations.  A compliance evaluation can be an involved process; however, they are not one-size-fits-all.  Your compliance...