Many Department of Defense contractors are puzzled over COVID requirements. They heard that courts struck down the Federal Acquisition Regulation requiring contractors to require their employees to be vaccinated and to get certifications around that. BUT….when DoD contractor employees go to a DoD facility to work they are still being required, at times, to complete…
At Biden’s directive, the FAR now has a COVID-19 safety protocol clause. The new FAR clause requires, among other things, that contractors and subcontractors, implement COVID-19 safety protocols – to include a mandate to get employees vaccinated. Read on for general information on the contracts and subcontracts that will be subject to the clause and…
Given my practice area, people often ask me why people commit white-collar crimes. I ask myself this question; and, just as often, I ask myself how can I help my corporate clients mitigate the risks of committing a crime? Despite my lifelong quest to answer both these questions, I have no good answers. Unfortunately, the…
There is something that the Trump and Biden Administrations agree on: Whenever possible, the Federal Government should buy American products with the goal of helping American businesses compete in strategic industries to help U.S. workers thrive. Both administrations issued EOs and rules with this goal in mind. Current Buy American Act Currently, the Buy American…
On its first day in office, the Biden Administration directed a freeze on pending regulations and directed agencies to review pending and proposed regulations to assure pending regulations are consistent the its policy goals. The freeze directed that: Federal Agencies will not propose or issue new rules until an official, designated by the President, approves…
On April 27, 2021, President Biden issued an Executive Order requiring federal contractors to pay a $15.00/hour minimum wage impacting about 390,000 employees of federal contractors. Estimates project it may lead to an average pay increase for annual, hourly workers of $3,100. Overall, the EO will result in a significant wage jump of almost a…
Margaret and The Candid Counsel crew put together many terrifying tales of just what it takes to frighten your friendly attorney. In no particular order Margaret’s classic tales of terror include: Writing emails to your lawyer joking about who in the company will look good in an orange jumpsuit. Conduct your own internal investigation without…
According to FAR Part 16, the Federal Government uses fixed-price contracts when it wants to place most of the risk and responsibility for performance on the contractor. This means that fixed-price contracts are generally not subject to being adjusted as a result of the contractor’s costs or profits increasing or decreasing in performance. As a…