The Contractor's Perspective

Latest from The Contractor's Perspective

April 20, 2020

Sorting through domestic preference requirements applicable to government contracts is no simple task. Different agencies like the DOD, FTA, FAA, FHWA, have their own rules applicable to certain programs. Exceptions from those rules can differ when a small business is making the offer. And the rules are subject to change. With the Court of Appeals for the Federal Circuit’s (“Federal Circuit”) decision in Acetris Health LLC v. United States (Fed. Cir. 2/10/2020), the…

The Contractor's Perspective

A primer on Suspension and Debarment

By Hal J. Perloff

April 14, 2020

We’ve all heard the expression that those who deal with the Government must turn square corners. This is because the Government has a broad array of tools at its disposal to motivate, coax, and cajole contractors and federal grant recipients to play by the rules. Those tools include harsh measures such as criminal prosecution and civil false claims act enforcement on the one hand and poor CPARS ratings on the other. A seemingly less severe…

The Contractor's Perspective

Are Coronavirus impacts compensable?

By Hayley Hoffman & Steven A. Neeley

April 9, 2020

One Hundred Dollar Bill With Medical Face Mask on George Washington.

We previously looked at whether the COVID-19 pandemic is an excusable delay that would give contractors relief from delivery deadlines and schedule commitments. But many contractors impacted by Coronavirus may see their costs of performance increase due to agency instructions intended to control the spread of the virus. Today we review potential avenues for recovering those costs. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) The first potential avenue for recovering Coronavirus impact…

The Contractor's Perspective

OFCCP announces exemptions for new federal contracts

By Molly Kurt & Brian Waagner

April 1, 2020

Affirmative action requirements waived for contracts specifically related to COVID-19 relief As in past times of national emergency, the Office of Federal Contract Compliance Programs has stepped up to exempt certain new federal supply and service contractors and subcontractors from having to comply with most OFCCP requirements over the course of the contract. Announced March 17, OFCCP calls the action the “National Interest Exemption.” Contractors providing supplies and services specifically related to COVID-19 relief must…

The Contractor's Perspective

Federal agency guidance on the COVID-19 pandemic

By Julia Banegas & Brian Waagner

March 30, 2020

US Department of Commerce in Washington DC

Federal agencies and contractors are working hard to address the realities of the COVID-19 pandemic. In some cases, work must stop. In others, the work will increase or change dramatically. While contractors should look to contracting officers for guidance with respect to specific contracts, agency-wide guidance documents are beginning to shed light on the government’s expectations. We will be using this blog entry to collect and share agency guidance on performance of government contracts during…

The Contractor's Perspective

Contractor FAQs on the Defense Production Act

By George Stewart & Brian Waagner

March 23, 2020

In response to the growing Coronavirus pandemic, President Trump announced that the federal government will invoke the Defense Production Act to obtain necessary medical equipment and supplies from private industry. In this post we address some of the most frequently-asked questions about the DPA. What is the Defense Production Act? Originally conceived during the Korean War, the DPA allows the President to divert goods and supplies from civilian use to promote the national defense. This…

The Contractor's Perspective

Is Coronavirus an excusable delay?

By Steven A. Neeley, Brian Waagner, Hal J. Perloff & Hayley Hoffman

March 6, 2020

Young European man in gray coat, protective disposable medical mask in airport. Afraid of dangerous N-CoV 2019 influenza coronavirus mutated and spreading in China. Blue backpack, suitcase on wheels

The spread of COVID-19 (Coronavirus) remains unclear, but its impacts are already being felt. Supply chains are being disrupted and companies are implementing preventative measures to protect their employees. Many businesses have already suspended non-essential travel, encouraged remote working arrangements, and advised employees to follow the Centers for Disease Control risk-reduction strategies. Given these delays and disruptions, it’s logical to wonder: Are delays or impacts related to the Coronavirus an excusable delay? The answer…

The Contractor's Perspective

Transportation Companies Dominate List of Top U.S. Postal Service Suppliers

By David P. Hendel

February 27, 2020

USPS truck - FY 2019 annual report — Cover of the USPS FY 2019 Annual Report to Congress

Transportation is central to mail delivery, so it is no surprise that the companies who move the mail dominate the list of the Top 150 U.S. Postal Service Suppliers in Fiscal Year 2019. Seven of the Top 10 companies are involved in transportation. Federal Express tops the list, as it has since 2002, with just over $2 billion in USPS receipts. All three newcomers to the Top 10 are transportation-related companies, with several more positioned…

The Contractor's Perspective

The new five-year lookback period for small business size status

By Steven A. Neeley

January 6, 2020

Happy New Year to mid-size government contractors! SBA’s determination of small business status under receipts-based size standards is transitioning from a three-year to a five-year lookback period starting today. The change is the result of a final rule that SBA issued on December 5, 2019. The rule is intended to allow mid-size businesses to regain or keep their small business status longer. The expectation is that this will increase small business contracting dollars and set-asides. A breakdown…

The Contractor's Perspective

How MHPI developers can defend against class actions for environmental contamination

By Michael Klebanov & Hal J. Perloff

December 26, 2019

The Military Housing Privatization Initiative was intended to address the availability and adequacy of housing for military service members and their families. As a result of the MHPI, approximately 99 percent of military family housing in the United States is now operated and maintained by private developers. MHPI developers have recently been the target of litigation seeking to hold them responsible for mold and other environmental contamination. Plaintiffs are not only seeking damages for personal injury. They…

The Contractor's Perspective

Blog Authors

Federal Circuit weighs in on Trade Agreements Act compliance and the meaning of “manufacture”

A primer on Suspension and Debarment

Are Coronavirus impacts compensable?

OFCCP announces exemptions for new federal contracts

Federal agency guidance on the COVID-19 pandemic

Contractor FAQs on the Defense Production Act

Is Coronavirus an excusable delay?

Transportation Companies Dominate List of Top U.S. Postal Service Suppliers

The new five-year lookback period for small business size status

How MHPI developers can defend against class actions for environmental contamination

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