FIFA Lessons for Federal Contractors

Jun 4, 2015

By Wojciech Kornacki The recently exposed gross institutional misconduct at the Fèdèration Internationale de Football Association (FIFA) teaches us many important lessons about avoiding the proverbial ‘red card’ from the U.S Government.  Below we will analyze what the Federal Acquisition Regulation (FAR) requires of Government contractors and what went wrong with FIFA.  While FIFA is… Read more »

Department of Labor & Federal Acquisition Regulatory Council Issue Proposed Guidance to Federal Agencies and Rule Implementing President Obama’s Fair Pay & Safe Workplaces Executive Order.

May 27, 2015

By Marina Blickley President Obama’s Fair Pay & Safe Workplaces Executive Order was signed and became effective on July 31, 2014. The Order provides that federal government contractors must understand and comply with labor laws including various Federal laws (e.g., FLSA, NLRA, OSHA, etc.) and equivalent state laws. The Order seeks to ensure compliance through… Read more »

Did You Know that Contracting Officers Must Show Good Faith When They Settle Contractor Claims after Termination for Default?

May 20, 2015

By Wojciech Kornacki In Mansoor International Development Services, Inc., v. United States, No. 14-496C (Filed May 11, 2015), the U.S. Court of Federal Claims denied the government’s motion to dismiss after finding that the contractor has ‘manifestly stated a potentially viable claim for relief based on an alleged breach of the implied duty of good faith… Read more »

Generalissimo Francisco Franco Is Still Dead, And Changes To FLSA’s “White Collar” Exemption Rules Are Still Forthcoming

May 14, 2015

By David Warner In March 2014, President Obama ordered the Department of Labor to “update” the federal regulations controlling what workers may be considered “exempt” from the overtime requirements of the Fair Labor Standards Act. Last week, Secretary of Labor Tom Perez mentioned in a blog post of his own ( that the DOL had… Read more »

Contract Award Starts the Subject Matter Jurisdiction for the U.S. Court of Federal Claims

May 6, 2015

By Wojciech Z. Kornacki, Esq. In Caddell Construction Co., LLC v. United States, Nos. 15-135C, 15-136C, April 10, 2015, Caddell Construction Co., LLC filed the protest action alleging that the government violated the Competition in Contracting Act (“CICA”). The CICA prohibits the government from awarding contracts during the pendency of a GAO protest unless certain requirements… Read more »

Transactional Data Reporting Update

Apr 22, 2015

By Carmen Calloway and Maureen Jamieson On April 17, 2015, GSA held its public meeting regarding the proposed Transactional Data Reporting Rule. GSA states that its role is to simplify like offerings into a Category Management module by consolidating like services and supplies into hallways for easier use of buying. The Acquisition Gateway has now… Read more »

The “International Agreement” Exception to the Competition in Contracting Act Precludes Recovery of Costs for Unsuccessful Competitors

Apr 16, 2015

Written By Wojciech Kornacki The Competition in Contracting Act, 41 U.S.C. 253, promotes full and open competition, and unsuccessful bidders may recover their preparation costs when the Government’s decisions result in a prejudicial error or are otherwise unlawful. In Hyperion Inc., v. United States, No. 14-870C (Filed: March 18, 2015), the U.S. Court of Federal… Read more »

Learning vs. Training Culture

Mar 25, 2015

Last week I was fortunate to attend a BLACKBOARD’s Federal Strategies Workshop under a headline “Developing Emerging Training Professionals”. Overall, this was a meaningful and useful event, with several bright stars from federal learning community in attendance (Angela Bailey of OPM, Randy Bergquist of DOJ, and Ben Ficks of NRC) sharing their perspectives on the… Read more »