Govconlaw Blog
Court of Federal Claims Constructively Terminates IDIQ Contract for Convenience
By: Lori Lange
Published Date: October 29, 2020
The Federal Government has broad rights to terminate its contracts for convenience and thereby limit the contractor's damages to termination for convenience costs instead of breach of contract damages. In fact, the Government can be held to have terminated a contract for convenience even without specifically invoking the termination for convenience clause. Where a contract contains a termination for convenience [...] Read More
OFCCP Issues Request for Comments on Workplace Diversity Training
By: Lori Lange
Published Date: October 26, 2020
In an earlier blog, we discussed Executive Order 13950, which directed federal agencies to include in their government contracts (except those contracts exempt from Executive Order 11246) a clause that prohibits contractors, during contract performance, from conducting any workplace training that “inculcates” (i.e., instills through persistent instruction) in their employees any form of race or sex stereotyping or scapegoating. The Executive Order [...] Read More
SBA Merges Its Mentor-Protégé Programs and Makes Numerous Other Changes to the Small Business Program
By: Lori Lange
Published Date: October 22, 2020
Effective November 16, 2020, the Small Business Administration (SBA) will be merging the 8(a) Business Development Mentor-Protégé Program into the All Small Mentor-Protégé Program, resulting in numerous changes to the program that small businesses must be aware of. 85 FR 66146 (Oct. 16, 2020). Originally established in 1998, the 8(a) Mentor-Protégé Program incentivizes mentor companies to provide various types of [...] Read More
Contractors Need to Be Cautious in Taking Exceptions to Solicitation Terms
By: Lori Lange
Published Date: October 19, 2020
It is well established that a procuring agency may only accept an offer that conforms to the material terms of the solicitation. A solicitation term is material where it has more than a negligible impact on the price, quantity, quality, or delivery. Generally, the requirement to propose fixed prices is a material term. Where a solicitation requests proposals on a [...] Read More
Employers Beware: DOL May Debar More Employers Who Violate Foreign Labor Programs
By: Lori Lange
Published Date: October 12, 2020
Employers who use foreign labor should be aware that the Department of Labor (DOL) may be seeking to debar more persons who violate foreign labor programs in the near future. Recently, DOL's Office of Inspector General (OIG) issued a report criticizing DOL's debarment process for employers who commit visa program fraud and abuse. Although previous OIG investigations found that foreign labor [...] Read More
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