As has been widely reported, the United States Federal Bureau of Investigation is warning of mass protests and potential violence accompanying the inauguration of President-Elect Joe Biden on January 20, 2021. However, unlike the tragic events of January 6, 2021, at the U.S. Capitol, this warning is being directed to the capitols of all fifty states in addition to numerous assets located throughout the National Capitol Region. In light of these developments, federal contractors who find their operations close to these seats of power may have concerns as to whether to stay open or close their offices and keep employees away. Accordingly, we provide a timely reminder of key considerations that contractors should take into account when balancing the practical reality of safety concerns against the legal obligations of contractual compliance.

Continue Reading Office Closures and Limited Access: Federal Contractor Considerations When Weathering Potential Political Unrest

It’s surprising how often the simplest phrases can provide the most salient advice. The 6 P’s,for example: Proper prior planning prevents poor performance. While the phrase may be a bit of a tortured alliteration, the truth and simplicity of its sentiment can’t be denied: When you want a good outcome, you have to think it through. Simple.

Continue Reading Your Biggest Cybersecurity Threat: Failing to Plan

Carrier. UTC. Boeing. Swamp-draining rhetoric. While many ponder what America can expect from the next administration, one thing is clear – it appears to have its eyes on government contractors. However, it is important for those eyes to study the volumes of acquisition regulations under which the government is required to operate when contracting with commercial companies. Accordingly, we thought it would be helpful to describe – through a series of explanations of 140 or fewer characters – why recent tweets about Boeing’s Air Force One contract do not reflect the current state of government contracts law and, in particular, the provisions governing termination of contracts.

Continue Reading Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions

New FAR Rules and U.S. Department of Labor Guidance Implement the Long-Anticipated (and Much-Dreaded) Fair Pay and Safe Workplaces Executive Order

Burdensome disclosure obligations, pay transparency, and other affirmative requirements as a condition of doing business with the federal government continue. Sound familiar? The trend continues with new Federal Acquisition Regulation (“FAR”) rules and accompanying U.S. Department of Labor (“DOL”) guidance issued on August 25, 2016, implementing the Fair Pay and Safe Workplaces Executive Order. In a nutshell – boiling down over 800 pages of rulemaking materials – the rules will soon require:


Continue Reading Federal Contractors and Subcontractors Subject to yet More Mandatory Disclosure Requirements