Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next director of the OFCCP.  The OFCCP’s website lists former Acting Director Thomas Dowd as the Deputy Director of the agency, while Craig Leen, who was previously reported to have been appointed the OFCCP’s director, is listed as the agency’s Senior Advisor. View Full Post
Compensation for Changed Work Not Enough to Fully Compensate for Unchanged Work According to CBCA   In Industrial Maintenance Services, CBCA 5618, the Civilian Board of Contract Appeals (CBCA) found a contractor was entitled to additional payment where the Agency paid certain direct costs associated with a change in the critical path of performance, but failed to include the costs of impacted, unchanged work in the modification. View Full Post
The Government recently indicted an Army veteran for allegedly using his status as a service-disabled veteran to help a company qualify as a service-disabled veteran-owned small business and falsely obtain nearly $40 million in healthcare facility construction task orders from the Department of Defense. View Full Post
ASBCA Reports High Appeal Success Rate for FY 2017; Accelerated and Expedited Appeals Double The Armed Services Board of Contract Appeals (ASBCA) recently issued its Fiscal Year 2017 annual report, as well as its annual report on Alternate Dispute Resolution (ADR). The reports offer statistics that highlight the high success rate for contractors based on the contractor winning outright or receiving some recovery, a doubling of ASBCA Rule 12 accelerated and expedited appeals, a very high number of appeals resolved through ADR, and a reduction in the ASBCA’s backlog of appeals.  View Full Post
Understanding claims under the Contract Disputes Act is an essential skill for government contractors.  Claims (and related requests for equitable adjustment) are by far the most common remedy for contractors seeking to recover additional time and/or costs from the agency administering the contract. View Full Post
As we previously reported, various media outlets reported earlier this month that Coral Gables City Attorney, Craig Leen, would be appointed Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  These reports came amid silence by the Trump administration as to the anticipated appointment. View Full Post
As I have covered here before, every small business owner needs to be aware of the Small Business Administration’s (SBA) ostensible subcontractor rule. In a nutshell, ostensible contractor affiliation occurs when a small business holds a prime contract – but a subcontractor hired for the job actually ends up controlling the work.  View Full Post
Post at a glance: FinCEN imposes $8 million penalty against California’s biggest and oldest card club Club failed to implement and maintain an effective anti-money laundering (AML) program and failed to detect, deter, and report suspicious transactions Enforcement action serves as valuable reminder of scope of Bank Secrecy Act (BSA) As mentioned in our prior AML Update, the U.S. View Full Post