Government Contracts

Compliance With Overlapping Solicitation Requirements

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12/12/2019Salmon, Daniel

The Berry Amendment Example Hopeful government contractors must be aware of all the requirements of a solicitation to avoid being deemed non-responsive.  This is rarely a simple task; however, when multiple clauses govern the same subject, the risk of error in following such requirements increases.  This article demonstrates such an issue by explaining the interworking… Read more »

General Accountability Office Proposing Fee for E-Filing Protests

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06/14/2016Vandeventer Black

LAW TIPS Dissatisfied bidders and offerors can currently file protests for free electronically, but the General Accountability Office (GAO) is now proposing a $350 fee. The reasons given for the change are to finance the program, including a new system, and seemingly to discourage what the GAO’s considers unnecessary filings that result from the current… Read more »

U.S. Department of Labor Issues Proposed Rule on Mandatory Paid Sick Leave for Federal Contractors

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04/27/2016Bibeau Anne G.

Authored by Anne Bibeau The U.S. Department of Labor (DOL) has published a Notice of Proposed Rulemaking (NPRM) to implement President Obama’s Executive Order (EO) 13706, “Establishing Paid Sick Leave for Federal Contractors.” The EO requires that for federal contracts issued on or after January 1, 2017, federal contractors and subcontractors must provide their employees… Read more »

Highway Projects Affected by Cargo Preference Act Changes

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04/11/2016Vandeventer Black

By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988. The Law. Congress passed the CPA in 1954 to promote a U.S. maritime transportation system. The… Read more »

Federally-Funded Highway Projects Impacted by Federal Cargo Preference Act Changes Effective as of February 15, 2016

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02/22/2016Vandeventer Black

By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988. The Law. Congress passed the CPA in 1954 to promote a U.S. maritime transportation system. The… Read more »

Call the Doctor: Executive Order Establishes New Paid Sick Leave For Federal Contractors

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12/29/2015Vandeventer Black

Authored by Ashley P. Holmes On September 7, 2015, President Obama signed an executive order establishing paid sick leave requirements for federal contractors. Under the executive order, executive departments and agencies that contract with federal contractors will require that employees of federal contractors and lower-tier subcontractors earn at least one (1) hour of paid sick leave for every… Read more »

Five Things You Should Know About DoD Cybersecurity Regulations

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11/24/2015Lowenstein, Neil S.

In 2007, a preeminent American defense contractor first reported cyber attacks emanating from China. Four years later, upon a visit by then Secretary of Defense Robert Gates, the Chinese Air Force revealed a fighter jet unnervingly similar to the one manufactured by the hacked American contractor. More recently, the FBI reported in July 2015 that… Read more »

Statutory Subcontract Limits & Requirements for North Carolina Subcontracts: The Short Summary©

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02/05/2015Lowenstein, Neil S.

Authored by attorney Neil Lowenstein1 Below is a short summary of some of the statutory requirements and constraints in the North Carolina code regarding subcontract requirements for North Carolina projects (commercial or public). Pay when paid (NCGS § 22C-2). Performance in accordance with its contract entitles subcontractors to payment (NCGS § 22C-2). Payment by an… Read more »