On Wednesday, January 5, 2022, the U.S. Court of Appeals for the Sixth Circuit issued another setback to the COVID-19 vaccine mandate for federal government contractors. In its opinion, the four-judge panel upheld the November 30, 2021 preliminary injunction and denied the Government’s request to stay the injunction “because the government has established none of the showings required to obtain a stay.” On appeal, the government asserted that the three states involved, Kentucky, Ohio, and Tennessee, and two Ohio sheriffs’ offices which brought the initial claim did not have standing to bring such a case. Additionally, the government argued that even if there was standing, the Property Act authorizes the contractor mandate. However, the Court of Appeals determined all plaintiffs established standing based on four elements and held the Property Act does not authorize the President to take such action.
Continue reading…Webinar Event: Limitations on Subcontracting: A Step-by-Step Compliance Guide (Update 2022)
Koprince McCall Pottroff LLC will be presenting a webinar hosted by Govology, Limitations on Subcontracting: A Step-by-Step Compliance Guide will be on January 20 at 1:00pm EST.
In this webinar, government contracts attorneys Shane McCall and John Holtz will help you make sense of the limitations on subcontracting. Using a step-by-step process and plenty of examples to help bring the rule to life, they will help to ensure that you understand and comply with this essential rule.
If you’d like to join us for this webinar you can sign up for registration here.
Hope to see you there!
SmallGovCon Week in Review: January 3-7, 2022
Happy new year, Readers! After a very mild start to our Winter season we are experiencing frigid temperatures here in the Midwest to start off 2022. As old man winter makes his arrival we are very grateful to live and work in a climate controlled environment. Thank goodness for heat and warm coats!
There was a lot of news in federal government contracting this week, including trends and marketing info in the new year, cyber security and workforce initiative provisions from the recently signed 2022 NDAA, and a FAR clarification on the commercial item definition.
Have a great weekend!
Continue reading…Top SmallGovCon Posts of 2021
2021 was a big year for many reasons, among them the continued COVID-19 pandemic and the government’s responses to the pandemic, including the various vaccine mandates and lawsuits challenging those mandates. But there were also lower-profile changes and updates to the federal contracting world. Below, I’ll explore the posts that were most popular in 2021, along with the posts first published in 2021 that were popular this year.
Continue reading…Loose Lips Sink Ships: Award Revoked for Relying on Inside Information from Former Navy Officials
We want to make something clear: simply having a former government official as an employee does not mean your company can’t bid on federal contracts or needs to let that person go. The government, while it puts certain restrictions in place, doesn’t forbid government contractors from hiring former government employees, and it can be very beneficial to have employees with such experience and still perfectly ethical. What it does forbid is when the company is or even just appears to be getting some sort of unfair advantage in acquiring contracts as a result of having former government workers as employees. For example, what if the contractor hires someone who was with the procuring agency and had access to information on competitors for an upcoming solicitation? This is the sort of thing that will result in awards being lost, as one company learned.
Continue reading…A Very Joyful Announcement from Koprince McCall Pottroff LLC!
We are so very happy to announce that Nicole Pottroff and husband, Kenny Flanders, along with big brother Robert have a new family member! Franklin Alan Flanders was born on Christmas Eve, weighing in at 7 lbs. 8 oz! Mom and baby are at home and doing well.
What a wonderful gift for the holidays. Congratulations!
Final 2022 NDAA Draft Allows HUBZone Appeals
The final version of the 2022 National Defense Authorization Act, agreed upon by negotiators for both the House and Senate and signed by the president, will allow the SBA’s Office of Hearings and Appeals to hear appeals related to the SBA’s HUBZone status decisions.
We here at Koprince McCall Pottroff LLC welcome the pending change, which will be a big step forward for the HUBZone program in terms of transparency and fairness.
Continue reading…