Contracting in the Time of Coronavirus

Aug 6, 2020

  Written by: Heather Mims, Associate Attorney, Centre Law & Consulting As we’ve previously written, COVID-19 funding for government contractors is fraught with enforcement and audit risks (while False Claims Act penalties continue to increase). To document this funding, the Government Accountability Office (“GAO”) recently issued a report to Congress titled COVID-19: Opportunities to Improve… Read more »

WOSB Rules and Musings from a Different Time

Jul 30, 2020

  Written by: Barbara Kinosky, Managing Partner, Centre Law & Consulting I finally retrieved my dry cleaning that I had deposited at the cleaners in March.  Then Virginia shut down with my dry cleaning hostage in a remote dry cleaning storage location.  I was reunited with my clothing this month, but my suit looked like… Read more »

Part B of Section 889 Legislation Goes Into Effect on August 13, 2020

Jul 24, 2020

  By JW Butler Section 889 legislation initially introduced as a part of the Fiscal Year (FY) 2019 National Defense Authorization Act (NDAA) has now been released in Part A and Part B. Both parts have been incorporated into the Federal Acquisition Regulation (FAR) as FAR subpart 4.21 to combat national security and intellectual property threats… Read more »

Offeror Fails To Timely Disclose Denial Of Security Clearance – Protest Granted!

Jul 17, 2020

  By Hon. Jack Delman In M.C. Dean, Inc., B-418553 (6/15/2020), the GAO recently granted a post award protest on the grounds that an offeror/awardee had actual knowledge, prior to award, that its proposed program manager had been denied a security clearance necessary for performance, but failed to timely notify the agency. The Solicitation The National… Read more »

If You See Something, Say Something: COAFC Expands Restrictions on Post-Award Protests

Jul 9, 2020

  By Edward W. Bailey, A recent decision by the United States Court of Appeals for the Federal Circuit has expanded restrictions on government contractors’ ability to conduct post-award protests. In Inserso Corp. v. U.S., the United States Defense Information Systems Agency (“DISA”) posted a solicitation, titled Encore III, for the opportunity to sell information technology… Read more »

DOJ Continues to Increase False Claims Act Penalties

Jul 2, 2020

  By Heather Mims, Esq. The False Claims Act (FCA) generally provides that any person who knowingly submits a false claim to the government is liable for triple the government’s damages plus a penalty for each violation. Over recent years, the Department of Justice (DOJ) has gradually increased the penalty for each violation of the FCA,… Read more »

COVID-19 and Employee Accommodations: Current State of EEOC Guidance

Jun 26, 2020

  By David Warner, Last week, the Equal Employment Opportunity Commission (EEOC) issued updated technical assistance questions and answers entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” It was the second update to the guidance this month. If history is our guide, the science and guidance may… Read more »

General Services Administration’s eTools – Tools for Contract Management

Jun 18, 2020

  By JW Butler The General Services Administration’s (GSA) Multiple Award Schedule (MAS) has several electronic contract management tools, referred to as “eTools”, to help contractors manage their MAS. A list of the GSA eTools can be found here. Below are the eTools that are most commonly used by contractors, as well as some additional eTools… Read more »

Contractor’s Claim Against U.S. Stays Out of COFC

Jun 11, 2020

  By Tyler Freiberger, Esq., A federal contractor has used a rare exception to keep its case for monetary damages against the Government out of the Court of Federal Claims (“COFC”). In J-Way Southern Inc. v. U.S., the United States District Court for the District of  Massachusetts has denied the Government’s request to remove the case… Read more »

Paycheck Protection Program Becomes More Flexible

Jun 5, 2020

  By Heather Mims, Esq. An aptly titled bill, President Trump signed the Paycheck Protection Flexibility Act into law on June 5, 2020. The Act would ease several restrictions on companies that borrow money under the Paycheck Protection Program (PPP). You can read more about the Paycheck Protection Program here and here. Generally, the new Act… Read more »