The Missouri Court of Appeals decision in Penzel Constr. Co. v. Jackson R-2 School District, No. ED103878 (Mo. Ct. App. Feb. 14, 2017), is an important development for public construction contracting in Missouri. The decision adopts the Spearin Doctrine
The Contractor's Perspective
The Contractor's Perspective, published by Husch Blackwell LLP, focuses on legal issues affecting contractors engaged in government and private sector projects. The blog covers topics such as federal contract compliance, government shutdown impacts on contractors, cybersecurity requirements like CMMC, labor and employment law including WARN Act compliance, and regulatory changes affecting disadvantaged business enterprise (DBE) programs. It also addresses risk management, contract rights and remedies, public-private partnerships, and alternative project delivery methods. The content is aimed at helping contractors navigate complex legal and regulatory environments related to construction, federal procurement, and infrastructure projects.
Latest from The Contractor's Perspective - Page 15
Why Congress can’t have the one-House veto in H.R. 26
The Congressional Review Act of 1996 may be an effective tool for rolling back recent federal regulations implementing President Obama’s policy initiatives. But it is limited. It applies only to very recent rules. It requires action by both houses of…
The fate of “Fair Pay and Safe Workplaces” under President Trump
By Erik Dullea
According to Shakespeare, “What’s done cannot be undone.” This may not be true with respect to many of the regulations implementing President Obama’s Executive Orders.
Let’s look at the fate of the rules implementing Executive Order 13673 (July 2014),…
When can a contractor protest a task order at GAO?
GAO’s recent decision in HP Enterprise Services, LLC illustrates the challenges resulting from the recent changes to GAO’s task order protest jurisdiction. It also provides a useful overview of the current scope of GAO’s jurisdiction over such protests. HP Enterprise…
President Trump mandates “Buy American” for construction of US pipelines
In a Presidential Memorandum issued January 24, 2017, President Trump directed the Secretary of Commerce to develop a plan within 180 days to require that pipelines in the United States use materials and equipment produced in the United States…
The 2017 NDAA brings privatization and cost-savings incentives to TRICARE
The 2017 National Defense Authorization Act, Pub. L. No. 114-328 (Dec. 23, 2016), introduces major changes to the Defense Department healthcare program known as TRICARE. By this time next year, we’ll see a new program to contain the cost…
The Ninth Circuit sides with DOD on Sikorsky small business subcontract data
Contractors interested in the application of FOIA Exemption 4 should take note of the Ninth Circuit’s decision in American Small Business League v. Dep’t of Defense, No. 15-15120 (9th Cir. Jan. 6, 2017). The issue in the case was whether a…
Progress Report: SBA Mentor-Protégé Program rolls out and moves forward
Earlier this year we wrote about the final regulation consolidating most of the Federal Small Business Mentor-Protégé program under one office at the Small Business Administration. See 81 Fed. Reg. 48558 (July 25, 2016). The regulation expands the popular…
Is incumbency a golden ticket to strong past performance? TRICARE’s $58 billion managed care support contracts
GAO has published its decision denying multiple protests of the Defense Health Agency’s decision to award the T-2017 managed care support contracts to Humana Government Business, Inc. and Health Net Federal Services, LLC. Humana won the TRICARE contract for the…
Kingdomware decision gives new meaning to the words “government contract”
The Supreme Court’s June 2016 decision in Kingdomware Techs., Inc. v. United States, No. 14-916 (June 16, 2016), may significantly impact the meaning of the term “government contract” for years to come.
The case centered on a project for…