The latest in legal news and commentary around contracts with the U.S. federal government.

Since the beginning of the Trump Administration, federal contractors have been waiting to see what changes the new administration would make to the Office of Federal Contract Compliance Programs (“OFCCP”). Thus far, the greatest change has been more style than substance, with OFCCP officials expressing a desire to have a better relationship with the government contractor community.  View Full Post
In an article published by National Defense Magazine, Bass, Berry & Sims attorneys Richard Arnholt and Sylvia Yi provided insight on the significant changes affecting defense contractors from the National Defense Authorization Act (NDAA) for fiscal year 2018, specifically concerning bid protests. View Full Post
Jim Nagle to give the keynote presentation at the 2018 Alliance Northwest Oles Morrison attorney, Jim Nagle, has been tapped to give the keynote presentation at the Alliance Northwest 2018 Conference on March 15.  Jim’s keynote, “Contracting in the age of Trump,” will cover President Trump’s impact on the regulatory process, the Buy American act, the role of contractors in fulfilling the work of the executive branch, and how budgetary priorities sets an array of challenges and opportunities for everyone involved in the contracting process.  View Full Post
Cooperative Agreements” are legal instruments that facilitate the transfer of something of value from federal executive agencies to states, local governments, and private recipients for a public purpose or benefit. Cooperative Agreements are distinct from traditional procurement contracts and thus are not subject to the Federal Acquisition Regulation (FAR). View Full Post
Two Washington, D.C. area government contractors have agreed to pay the government for their respective roles in defrauding the U.S. Small Business Administration (SBA) in schemes to fraudulently obtain government contracts set aside for small businesses.  These two cases highlight the importance of small business compliance and the submission of accurate and complete certifications. View Full Post
What Small Businesses Must Consider When Using Teaming Arrangements or Joint Ventures Teaming Arrangements under the FAR Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when: Two or more companies form a partnership or joint venture to act as a potential prime contractor; or A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified government contract or acquisition program. View Full Post
Connie Bertram and Emilie Adams published an article in the February issue of OFCCP Digest titled “Federal Tax Bill Offers a Nod to the #MeToo Movement.”  The article focuses on a provision in the recently-passed Tax Cuts and Jobs Act that addresses corporate settlements involving claims of sexual harassment and abuse.  View Full Post
 Contractor Loses on Contract Interpretation at CBCA In a recent decision, NOAA Maryland, LLC v. General Services Administration, the Civilian Board of Contract Appeals (“CBCA”) looked to “extrinsic” evidence outside the contract to interpret whether the government was required to pay real estate taxes.  This case provides a reminder to contractors that while the Board is reluctant to look beyond the four corners of a contract and prudent contractors should make their contract terms explicit, the Board will look beyond the contract if it is necessary to determine the objective intent of the parties. View Full Post
Understanding a Contractor’s Data to Save Time and Money In Claims Process Should a contractor find itself appealing a contracting officer’s denial of a claim to the Armed Services Board of Contract Appeals (ASBCA) or the Civilian Board of Contract Appeals (CBCA), they will likely engage in some sort of document discovery. In a world with seemingly limitless and inexpensive data storage, cell phone cameras, drone video, and ceaseless emails, even a small dispute can involve vast quantities of data subject to discovery. View Full Post