The standard for proving damages in spent nuclear fuel cases is becoming clearer.  As a result of delays in construction of the Yucca Mountain nuclear waste repository, nuclear utilities across the country have been forced to incur extensive costs storing spent nuclear fuel that would otherwise have been transferred to Yucca Mountain, leading to a series of decisions at the Court of Federal Claims and the Federal Circuit.  The Federal Circuit’s March 11, 2011 decision in Southern Nuclear Operating Co. v. United States, No. 2008-5020 (Fed. Cir. Mar. 11, 2011) [PDF] clarifies the parties’ roles in proving damages.

Once again a contractor covered by the Davis-Bacon Act has been penalized for not maintaining adequate payroll records. In Pythagoras General Contracting Corp. v. Dep’t of Labor, ARB Nos. 08-107 & 09-007, ALJ No. 2005-DBA-14 (Feb. 10, 2011) [pdf], the DOL’s Administrative Review Board upheld a determination to debar the contractor from getting any future federal contracts for up to three years and increasing the monetary penalty significantly.

A recent bid protest decision by the United States Court of Federal Claims is a reminder that HUBZone small business concerns must monitor their compliance with SBA rules. In Mission Critical Solutions v. United States, No. 10-810C (Fed. Cl. Feb 18, 2011) [pdf], the court held that a contractor was properly decertified as a HUBZone small business concern and ineligible for a contract set aside for HUBZone small businesses because fewer than 35 percent of its employees resided in HUBZones at the time of award.

The major developments that impacted Postal Service contracting in 2010, and trends for 2011, are explored in this one-hour webinar now available on the Husch Blackwell LLP website. Topics include:  USPS financial condition; impact of USPS Office of Inspector General investigations, newly issued procedures and policies for noncompetitive procurements; changes to the USPS Supplying Principles …

Sweeping changes to Small Business Administration (“SBA”) regulations will go into effect on March 14, 2011.  The new rules affect SBA’s 8(a) Business Development (“BD”) program, SBA’s mentor/protégé program, and its joint venture regulations.  The final rule can be found here.  As a whole, the amendments suggest that SBA intends to eliminate manipulation and abuse of the 8(a) BD and mentor/protégé programs by small and large businesses alike. 

Unless Congress takes action by March 4, 2011, most federal agencies will be required to cease operations, presenting significant challenges for contractors. Whether you’re optimistic or pessimistic about the prospects of a political solution that would avoid the looming government shutdown, preparing for it is a necessity. News reports on the issue are interesting, but they don’t do much in the way of developing a strategy for handling a shutdown. Here is a look at some of the key questions presented, with answers based on decisions that came out of the now infamous 1995 government shutdown.

The Office of Federal Contract Compliance Programs has been busy the past few months and anticipates heightened activity in the months to come. New OFCCP initiatives include: (1) asserting jurisdiction over healthcare providers, (2) revamping efforts to identify workers misclassified as contractors; (3) proposing new affirmative action regulations for construction contractors; and (4) increasing enforcement…