BLOG: New Judicial Order Offers Clarity on Maryland Statutes of Limitations Impacted by COVID-19
Early during the COVID-19 pandemic, a number of state-level court systems, including Maryland’s courts, declared judicial emergencies and issued orders automatically tolling, or postponing, the expiration of statutes of limitations [1] for claims filed within those states. These orders offered plaintiffs a reprieve from the strict filing deadlines. Now, as Maryland begins the process of reopening its court systems to the public, the state’s highest court has issued an order offering clarity as to the new filing deadlines for the expiration of . . . Read More
BLOG: 5 Steps for Preserving and Preparing Your Miller Act Claim
As the United States economy continues to grapple with the unprecedented impact of the coronavirus pandemic, many contractors are concerned about making and receiving payment for work. The Miller Act provides the process for subcontractors to ensure they are paid for their work on federal construction projects, but they must be familiar with its requirements and deadlines to seek payment. This guide outlines five steps subcontractors and material suppliers should take to ensure they preserve their right to recover payment . . . Read More
BLOG: CARES Act Section 3610 – Part 2: A Rock and A Hard Place
In this second part of our blog series on the CARES Act Section 3610 (visit this link for Part 1), we move on to the conflicting information out there, and the basis of one of the most frequently asked questions we receive: What is the potential conflict between state shelter-in-place orders and federal contract performance requirements? State shelter-in-place orders come with various enforcement mechanisms, some of which include large fines and even imprisonment. This is true in, for example, California, used . . . Read More
BLOG: CARES Act Section 3610 – Part 1: Confusion and Shifting Sands
As we noted previously , last week Defense Pricing and Contracting issued draft instructions and requirements for contractors submitting funding requests under Section 3610 of the CARES Act. These requirements contain some departures from previous guidance and define several points that previously were left up to a contracting officer’s discretion. In this two-part blog series (visit this link for Part 2), we examine some of the key areas in which the guidance either clarified or, in some cases changed, existing practice. First, . . . Read More
BLOG: Creating a New Normal: 5 Steps for Employers Preparing a Returning Workforce in a COVID-19 Environment
As government authorities slowly begin the reopening process, employers are now preparing to reopen facilities and return employees to their worksites. Undoubtedly, with the COVID-19 pandemic still ongoing, a return to work certainly will not mean a return to how things used to be and employers will need to implement new processes and procedures to adequately prepare employees and comply with state and local requirements. This brief guide outlines various considerations employers will have to make to gradually and safely . . . Read More
BLOG: Judgment on the Pleadings: An Underutilized and Potentially Devastating Tool in the Litigator’s Pre-Trial Arsenal
Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator’s arsenal. A motion made under Federal Rule of Civil Procedure 12(c) (or a similar state rule of procedure where available) can be used to attack the sufficiency of an opponent’s pleadings and the viability of their underlying claims prior to trial. When prompted, most defense litigators will often identify pre-answer motions to dismiss or motions for summary judgment as the preferred pre-trial vehicles to . . . Read More
BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon
The ongoing public feud between Microsoft and Amazon Web Services (“AWS”) over the Department of Defense’s (“DOD”) Joint Enterprise Defense Infrastructure (“JEDI”) Cloud contract saw three major developments over the last thirty (30) days. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community. On April 13, 2020, the Pentagon’s watchdog, Office of Inspector General (“OIG”), released a 313-page report on several controversies surrounding the $10 billion JEDI procurement, including allegations of . . . Read More
BLOG: EEOC Delays Collection of EEO-1 Data Due to COVID-19
In light of the public health emergency caused by COVID-19, the Equal Employment Opportunity Commission (EEOC) announced that it will delay collection of EEO-1 Component 1 data until March 2021. Under federal law, businesses with at least 100 employees and federal contractors with at least 50 employees and a federal contract of $50,000 or more generally must file an EEO-1 form each year. This development gives government contractors a one-year extension to file their 2019 Component 1 data. Many employers . . . Read More
BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders
As we recently wrote , the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in 2013, including those pertaining to size representation/certification. However, in drafting the Rule, the FAR Council made a critical change that not only deviate from SBA regulations, but also run counter to everything we know about when the size status of a contractor is determined. All small . . . Read More
BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job
In COVID-19 times, one of the ongoing challenges for contractors is how to obtain upward equitable adjustments for increased operating costs due to the crisis. These costs could include more janitorial services, reconfiguring and/or refurnishing workspaces, changing processes and/or systems, overcoming supply chain fluctuations, enabling more remote work, compartmentalizing work groups, implementing shift work, allotting administrative time for health checks, giving more transportation and parking benefits, providing Personal Protective Equipment (“PPE”), adding headcount made necessary by changes, as well as . . . Read More