Government Contracts

There is little doubt that the Biden Administration will pursue policy changes that will have a noticeable impact on the business and legal communities. While some policy changes will be industry sector-specific (the Keystone XL pipeline is a good example), there are some overarching policy areas that will likely see changes that will have...

The Government Accountability Office (GAO) published its annual report to Congress for the 2020 year on December 23, 2020. Of note, despite having to shift to a full-time virtual environment due to the ongoing COVID-19 pandemic, the GAO did not exceed the 100-day deadline for any bid protest brought before it. The sustain rate...

Most federal government contractors must comply with nondiscrimination and Equal Employment Opportunity (EEO) laws and should be prepared for the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) to evaluate whether your business is in compliance.  OFCCP’s compliance evaluations can take many forms, as OFCCP uses an array of investigative procedures...

The Federal Acquisition Regulation (“FAR”) specifies the format contracting officers must use in developing solicitations and contracts. This format is codified in Section 15.204 of the FAR. Uniform contract requirements ensure consistent and efficient forms across the board. This uniform contract format is not only convenient for agencies to quickly and efficiently draft and...

The Office of Federal Contract Compliance Programs (OFCCP) enforces Executive Order 11246, which applies to federal contractors and subcontractors and explicitly prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, and national origin. Accordingly, religious discrimination by contractors against applicants and employees, including the failure to provide a reasonable religious...

In Chronos Sols., LLC, the GAO determined its first COVID-19 case in September of 2020 where it sustained a protest because the U.S. Department of Housing and Urban Development (“HUD”) did not consider, nor acknowledge, the significant changes occurring around the globe from the impact of COVID-19 that could materially affect the contract. HUD...