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Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests

On Monday, May 22, 2023, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued its decision in M.R. Pittman Group, LLC v. United States, Case No. 21-2325, in which it overturned years of precedent...more

Congress Offers Limited Monetary Relief to Certain Defense Contractors Battling Inflation

As part of the FY23 National Defense Authorization Act (NDAA) passed in December 2022, Congress granted the Department of Defense (DoD) new authority to modify existing fixed-price contracts to compensate defense contractors...more

Federal Contractors May Be Blindsided by the Reach of State Sales and/or Use Taxes

Traditionally, many federal contracts contain tax exemption provisions relating to state sales and use taxes being charged against the purchase and inclusion of materials and equipment to be incorporated into federal...more

Pay-If-Paid No Longer Enforceable in Virginia

On January 1, 2023, “pay-if-paid” clauses in new contracts became void as against public policy and unenforceable as a result of Virginia Senate Bill 550 (SB 550) going into effect. See Va. Code §§ 2.2-4354 and 11-4.6....more

Is Your EEO-1 Report At Risk of Disclosure?

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice on August 19 in the Federal Register informing all federal contractors that it had received a Freedom of Information Act...more

New Virginia Law Prohibits Pay-If-Paid Clauses in Construction Contracts

On April 27, 2022, Virginia Governor Glenn Youngkin signed Senate Bill 550 into law, amending a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute. Va. Code § 2.2-4354 and VA. Code §...more

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware

As most of the population is aware, to try and preserve the economy and businesses viable during the COVID-19 pandemic, congress passed the CARES Act. That bill included the Payroll Protection Program (PPP), in which small...more

TIMES THEY KEEP A CHANGIN’ — Upcoming Changes to DoD CMMC Program and Cybersecurity Requirements

The past few years in the government contracting space has seen significant changes: from the recently passed infrastructure bill and its $1.2 trillion infusion for the modernization of the country’s rapidly aging...more

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