- Posts by Robert JonesAttorneys
Robert is a seasoned litigator with over 20 years of high-level experience representing individuals and businesses in a broad variety of civil litigation matters in state and federal courts and arbitrations. In addition to his ...
Most government contracts include a clause giving the government the right to terminate the contract, or any part thereof, for its sole convenience “when it is in the best interests of the government.” FAR Parts 49, 12, 13, and 31 establish the regulatory requirements for termination and settlement of government contracts. The mechanics are specific. Upon receipt of the notice of termination, the prime contractor should immediately stop all work and terminate all subcontracts related to the terminated portion of the prime contract. Inventory disposal schedules must be ...
The Department of Defense can issue Other Transaction Agreements (“OTA”) for research, prototypes, and production. 10 U.S.C. § 2371b. Research OTAs are available for basic, applied, and advanced research projects. The DoD may also acquire prototypes using OTAs. Production OTAs are only permitted where the government has previously acquired a prototype under an earlier OTA. Additionally, the solicitation for the original prototype must have notified offerors that the government reserved the right to issue a follow-on Production OTA.
OTAs at the GAO
In a ...
Prime contractors are responsible for incorporating the appropriate provisions of their prime contracts into the agreements with their subcontractor. Determining which clauses are applicable to subcontractors and how best to monitor subcontractor compliance needs to be a priority. The first step is identifying contract clauses that are required to be incorporated into the contractor’s subcontracts. These “mandatory flow-downs” are FAR, DFARS, and other contract clauses that, by their own terms, are required to be incorporated into subcontracts. Clauses that must ...
The U.S. Department of Labor (DoL) just announced that the Wage and Hour Division (WHD) recovered a record $304 million in wages owed to workers in the Fiscal Year 2018 (read more here). This includes violations of labor laws unique to federal contractors, such as the McNamara-O’Hara Service Contract Act (SCA). On September 13, 2018, the DOL found that a California-based contractor and five of its subcontractors had violated the SCA. WHD determined the contractor owed over $3.5 million to 1,416 workers (both their own and subcontractor personnel) for failing to pay federal ...
Most contractors are aware that President Trump signed into law the Small Business Runway Extension Act of 2018 on December 17, 2018. The Act modified how the Small Business Administration (SBA) calculates a business’ size for revenue-based size standards. Size has been calculated based on a three fiscal year average of annual receipts. The Act increased the period of time in the calculation from three years to five.
The Act, however, contained no effective date. On December 21, 2018, SBA issued an information notice announcing the new statute would not take effect until the SBA ...
Most companies pursuing government contracts enter into teaming agreements to prepare and submit their proposals. Teaming agreements are an important element of the government contracting proposal process, used to enhance the likelihood of the teaming partners winning a contract by combining complementary capabilities to offer a more comprehensive and competitive solution. Typically, a teaming agreement will describe the anticipated contribution for each team member in performing the prime contract and designate one of the parties as the “prime” and the other as a ...
- Joshua Duvall Quoted by Law360 on Federal Court Decision Impacting the SBA 8(a) Program
- ALERT: SBA to Require All Individually-Owned 8(a)s to Affirmatively Establish Social Disadvantage
- Maynard Nexsen Shareholder to present at 2023 National HUBZone Conference
- Court Enjoins Rebuttable Presumption in 8(a) Program: What's Next for Future, Current Participants?
- Hello Q4: SBA Clarifies 8(a) Sole Source Rules, Individual 8(a)s Have More Options for Larger Awards
- DoD Issues Proposed Rule to Address Domestic Preferences for Defense Contracts
- Biden-Harris Administration to Launch New Initiative to Increase Federal Contracting with Small Disadvantaged Businesses
- FAR Alternatives on the Rise with Increase in Space and Technology Needs
- Approaching Deadline for the 2022 Benchmark Survey of Foreign Direct Investment in the US: What You Need to Know
- FAR Council Publishes Rule to Ban TikTok Applications in Government Contracting
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