The Randomness of Random OFCCP Audits
Smith, Currie & Hancock LLP
The Office of Federal Contract Compliance Programs ("OFCCP") is a government agency that is entrusted with monitori.
Notice A Key to Contract Relief
Philip L. Fortune of Smith, Currie & Hancock LLP
We have often written in this Newsletter and spoken at our construction law seminars about the allocation of risks .
Preventing Legal Problems For Contractors
White & Horton
The cornerstone of my practice is quality relationships with my clients. My practice includes not only solving my .
Fourth Circuit Rules that, Without Waiver from Department Of Labor, Federal Affirmative Action Requirements Apply To All Contractor Facilities
Duff, White & Turner, LLC
In Trinity Industries, Inc. v. Herman, the Fourth Circuit Court of Appeals ruled that Trinity's Asheville, North C.
Jackson Lewis Employer Alert-OFCCP Issues New Regulations
Jackson Lewis LLP
This alert reviews the Office of Federal Contract Compliance Program's (the "OFCCP") newly issued regulations governing affirmative action plans for federal contractors. The revised regulations significantly increase the compliance and reporting burdens on the contractor community.
Quelling Disputes May Key on Contract Proposals
Richard P. Rector of DLA Piper LLP
This update reviews what the courts may do if a government contract does not incorporate the contractor's proposal in the contract language.
New OFCCP Regulations for Executive Order 11246
Bodman LLP
The Office of Federal Contract Compliance Programs ("OFCCP") has issued new Executive Order 11246 regulat.
Interest Recovery under CDA
Thomas E. Abernathy of Smith, Currie & Hancock LLP
When can a contractor start accruing interest on costs included in a contract claim against the federal government?.
Is the Government Abusing Multiple Award Contracts?
Wiley Rein LLP
This article reviews the U.S. General Accounting Office's office which confirmed that the government is regularly placing multi-million dollar orders under multiple award contracts without any competition.
Caldera v. Northrop--Federal Circuit Says Legal Costs Are Not Allowable
Wiley Rein LLP
The author summarizes the Caldera vs. Northrop opinion and discusses the impact of this decision on recovering legal defense costs.
Proposition 209 Update
Mathew R. Troughton of Coudert Brothers LLP
Implementation of California's controversial Proposition 209, the ballot initiative passed in November, 1996 that .
Proposed Federal Regulations on "Blacklisting"
Thomas J. Kelleher of Smith, Currie & Hancock LLP
In February 1997, Vice President Gore promised the AFL-CIO that the Administration would amend the Federal Acquisi.
Government Contracts: Do The Rewards Justify the Risks?
Alain J. Ifrah of Paul, Hastings, Janofsky & Walker LLP
In the ever-changing world of federal procurement, a prospective government contractor should be well informed.
WR&F Government Contracts Issue Update: Performing Legal Due Diligence
Wiley Rein LLP
This article provides tips on how an attorney should approach legal due diligence as part of the prospective merger or acquisition of a US Government contractor.
Client Alert: April 2000
Paul, Hastings, Janofsky & Walker LLP
This alert reviews the Department of Labor's Office of Federal Contract Compliance Program's pay survey and the consequences of responding to that survey.
Government Contracts Issue Update: Uncompensated Overtime
Wiley Rein LLP
This newsletter summarizes how a government contractor can compensate for overtime without allowing the federal government to obtain a windfall. This article recommends that government contractors account for overtime by charging direct labor to projects at a standard hourly rate established annually for each direct labor employee.
Our Work is Being Delayed, What Should I Do? How to Properly Document a Prospective Construction Claim
William C. Last of Last & Faoro
This article is the final of a series of three articles that discuss the need for proper construction documentation.
Client Alert: June 1998--Government Contracts: Do The Rewards Justify The Risks?
Jeff A. Ifrah of Paul, Hastings, Janofsky & Walker LLP
This Client Alert considers the pros and cons of government contracts.
Public Law 95-507
Small Business Administration
This publication provides information about public Law 95-5-7 which made major revisions to the Small Business Act.
Construction Project Documentation: A Basic Checklist of Documents That Should Be Maintained to Prove a Construction Claim
William C. Last of Last & Faoro
It is not uncommon for a contractor that has encountered a construction claim to be surprised to learn that he has .
Critical Issues to Consider When Negotiating Water & Wastewater Concessions
Robert L. Vitale of Cadwalader, Wickersham & Taft LLP
Although traditionally the province of state and municipal authorities, a variety of forces have converged lately t.
Government Contracts Issue Update: All Facilities Must Comply With Affirmative Action
Wiley Rein LLP
This article summarizes a 4th Circuit opinion that held contractors with 50 or more employees that have contracts of $50,000 or more with the Federal Government must comply with affirmative action reporting requirements.
Quantity Variation or Changed Condition
Smith, Steven L. of Smith, Currie & Hancock LLP
A recent case before the Armed Services Board of Contract Appeals ("ASBCA" or "board") presented a direct question .
DCAA Guidance Addresses Revised Far Cost Principle Relating To Employee Relocation Costs And Unilateral Contracting Officer Decisions To Adjust Indirect Cost Rates
On August 13, 2002, the Defense Contract Audit Agency (DCAA) issued supplementary audit guidance to DCAA's Regional Directors and auditors concerning the application of the recently modified employee relocation cost principle, FAR 31.205-35. The guidance notes that FAR 31.205-35 was recently expanded to include costs that were previously expressly unallowable and that the effective date for the new, expanded cost principle is July 29, 2002.
State and Local Contracting: Significant Opportunities and Risks
Wiley Rein LLP
This article discusses a number of opportunities in the state and local contracting area. However, as the author discusses, there are a number of risks involved in this market due to the lack of uniform rules and regulations.
Government Contracting Introduction
Small Business Administration
This publication provides basic information about how the Small Business Administration carries out its procurement assistance responsibilities.
The Cardinal Change Rule: Is There Any Way To Get Out From Under A Changed Contract?
Dan Holer and Richard Allen of Gadsby Hannah LLP
A brief overview of the Cardinal Change doctrine of contract law, of particular interest to government contractors.
The Federal Government and Health Care Contractors: Maximizing Your Results When Participating in the Federal Marketplace
Frank M. Rapoport and Samantha L. Southall of Pepper Hamilton LLP
This article highlights some of the opportunities and pitfalls awaiting health care contractors in dealing with the Department of Defense and Department of Veterans Affairs.
Site Inspection Clause Limited
Deborah R. Murphey of Smith, Currie & Hancock LLP
Most, if not all, public construction bid or proposal documents require that bidders visit and inspect the site pri.
Most Frequently Asked Questions About Government Contracting
Small Business Administration
This publication answers the most frequently asked questions about government contracting.
Beware of Sites Unseen
Steven L. Smith of Smith, Currie & Hancock LLP
Many federal governmental bid documents contain a soils report and copies of the boring logs. However it is also p.
OFCCP Requires Federal Contractors to Submit Equal Opportunity Surveys
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
To enhance its enforcement capabilities, OFCCP recently created the Equal Opportunity Survey (EOS) to gather employment-related information from federal contractors and sub-contractors. The EOS requests detailed information concerning the employer?s affirmative action plan, as well as summary data on personnel activity and compensation, broken down by gender, race and ethnicity.
Federal Government Contract Overview
Carl L. Vacketta of DLA Piper LLP
From formation through administration, contracting with the federal government is a highly regulated process with many traps for the unsuspecting. Unlike commercial contracting, which is governed generally by the Uniform Commercial Code and the common law, federal government contracting is governed by a maze of statutes and regulations. These statutory and regulatory provisions dictate, for example, what method or process an agency must use to solicit a contract; how the agency is to negotiate or award a contract; and under certain circumstances, what costs the Government will reimburse and how a contractor must account for those costs.
Fifteen Ways to Improve Past Performance Scores
Richard J. Vacura of DLA Piper LLP
If you are a Government contractor, you should implement a well defined and developed past performance program or process to insure accountability within your organization and to insure appropriate measures are taken to favorably influence the evaluation. This article provide a basic outline for such a program.