When Congress enacted the National Defense Authorization Act for Fiscal Year 2020 in December 2019, Congress included the Fair Chance to Compete for Jobs Act of 2019 (the Act). The Act, in relevant part, restricts federal contractors from requesting criminal history information from certain job applicants until after the applicant has received a conditional offer

On November 30, 2021, the United States District Court for the Eastern District of Kentucky, in Kentucky v. Biden, et al., No. 3:21-cv-00055, granted a preliminary injunction limiting the enforcement of the federal vaccine mandate for some federal contractors and subcontractors. The preliminary injunction was requested by the Commonwealth of Kentucky, the State of Ohio, and the State of Tennessee. As a result, the court enjoined the federal government “from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in Kentucky, Ohio, and Tennessee” pending further briefing and a full resolution of the case on its merits.

Continue Reading Kentucky Court Blocks Federal Contractor Vaccine Mandate

President Biden’s September 9, 2021 Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, directs the federal Safer Federal Workforce Task Force (“Task Force”) to develop COVID-19 workplace safety guidance for federal contractors and subcontractors providing services to or for the federal government. The Executive Order requires the guidance to apply broadly, not only to contracts governed by the Federal Acquisition Regulations (“FAR”), but also to “contracts and contract-like” instruments not covered by the FAR. The Executive Order also directs the Federal Acquisition Regulatory Council to develop new contract clauses that will incorporate the Task Force’s guidance into new and newly-amended federal contracts.

Continue Reading Federal Contractor Specific COVID-19 Workplace Safety Guidance Issued By The Safer Federal Workforce Task Force

Imagine as a supplier of medical oxygen cylinders and tanks in your region, you enter into an arrangement with HHS or DHS to provide oxygen to nearby hospital facilities dealing with surges in the COVID-19 pandemic. However, due to the recent dramatic surge in your area and the significant demand for oxygen, the government moved quickly to award you a contract that appears very different from other federal contracts you have previously signed.

Continue Reading Terminations for Convenience Clauses vs. Mutual Termination Clauses: What are the Limits on the Government’s Right to Terminate?

Effective September 1, 2021, Texas Senate Bill 19 prohibits government entities from contracting with companies that have policies that restrict business with the firearms industry. The bill specifically targets banks and other financial institutions that have at least ten employees and are seeking government contracts of at least $100,000. Under the bill, such institutions are required to provide written verification that they do not have practices, policies, guidance, or directives that “discriminate” against a firearm entity or firearm trade association.

Continue Reading Government Contracting Implications of Texas Senate Bill 19: Navigating State Regulation of Corporate Firearm Policies

On July 29th, 2021, President Biden announced additional efforts to increase COVID-19 vaccination rates and to protect the federal workforce, including strengthening safety protocols for federal employees and contractors. Under the Biden Administration’s new guidance, in areas of high or substantial transmission of COVID-19, federal employees, contractors, and visitors must wear a mask inside federal buildings with limited exceptions. Individuals who are not fully vaccinated must wear a mask regardless of community transmission level.

Continue Reading President Biden Announces New COVID-19 Safety Protocols for Onsite Federal Contractors

In September 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) made a formal request to the Office of Management and Budget (OMB) for approval of a new information collection request (ICR) to collect and monitor Affirmative Action Plans (AAP), and will soon require federal contractors and subcontractors to regularly certify that they have compliant AAPs. OFCCP recently posted on its website a new page titled “Affirmative Action Plan Verification Interface” and indicated that it was “Coming Soon.” The page further explains “Affirmative Action Plan Verification Interface (AAVI) is a secure web based interface created to improve communication and the transfer of Affirmative Action Plan data, between Federal Contractors and the Office of Federal Contract Compliance Programs.”

Continue Reading OFCCP Affirmative Action Plan Verification Interface is “Coming Soon”

In March, we wrote about how we still were awaiting guidance from the White House about how the Made in America Office’s waiver process would work under President Biden’s January 25, 2021 EO 14005, Ensuring the Future is Made in All of America by All of America’s Workers. This month, the White House released its initial guidance on the new waiver process, identifying four main areas of implementation:

Continue Reading Biden Administration Issues Additional Guidance on the Made in America Waiver Process

Breaking into federal government contracting can be daunting. There are ever-changing compliance obligations to consider and complex bidding and proposal submission requirements to navigate. An entire industry of sales consultants, proposal writers, and lobbyists promising to help tap into the $600 Billion plus federal marketplace are only a Google search away. Engaging the services from one of these firms is generally allowed, but there are restrictions. This post deals with one of those restrictions—the Covenant Against Contingent Fees (FAR 52.203-5) which restricts how government contractors pay third-party sales agents.

Continue Reading “Vernon’s got prospects. He’s bona fide.” — Understanding the Covenant Against Contingent Fees

It has been two months since President Biden issued his Buy American Executive Order on January 25, 2021. But it would seem we still have more questions than answers: What specific actions will agencies take to promote the Order’s policy? What will the Made in America Office look like? Where can I find more information about proposed waivers? While the answers to these questions are probably still months away, it is important for contractors to understand the possible implications now and plan accordingly.

Continue Reading President Biden’s Buy American Executive Order—Where Are We Now?