Author Archive
Opinion
FTC non-compete ban has broad impact, but faces multiple challenges
The new rule will retroactively invalidate clauses in millions of employment agreements and the government contracting market won't be spared, writes attorney James Fontana.
Opinion
Are you ready for another government shutdown?
Attorney James Fontana shares tried and true advice for surviving a government now that we are about to hit another one.
Opinion
You are never too small to draw DOJ's ire
When small businesses make the mistake of thinking the Justice Department won't pay attention to them, they can pay dearly.
Opinion
Contractors wait for more clarification in wake of Supreme Court's vaccine mandate decision
Supreme Court vaccine mandate decision doesn't apply to requirements on government contractors but there are still plenty of gray areas.
Opinion
Court challenges don't mean you should ignore vaccine mandates
While opponents have scored some early victories against the Biden Administration's vaccine mandates for contractors, the GovCon community can't ignore the controversial mandates.
Opinion
Are you ready for another government shutdown?
If a government shutdown occurs this week or any time in the future, there will be ramifications for government contractors, which means that contractors, like the agencies they contract with, should have their own shutdown contingency plan
Opinion
Myth-busting teaming agreements
There are plenty of misconceptions about what makes a teaming agreement enforceable and what doesn't. Here's a guide to some of the common problems with teaming agreements.
Opinion
The return to work raises critical questions
As COVID cases fall and vaccinations increase, doors to normal life are opening, but questions remain on what employers and agency customers can demand when it comes to getting workers vaccinated.
Opinion
SBA's mentor-protege sees some welcome changes and one not so welcome change
Attorney James Fontana explains some of the positive changes to the mentor-protege program coming out of SBA, plus one that's not so great and makes him question whether any of the changes are worth making.
Opinion
Renewal of CARES Act Section 3610 faces tough road
Few argue that an extension of section 3610 of the CARES Act isn't needed but getting there is a whole other story.
Opinion
The big surprise inside GSA's STARS II modification
No one blinked when GSA said it was expanding the ceiling of the 8(a) STARS II contract vehicle but they caught many companies by surprise when they snuck in a clause cut the length of the contract by two years.
Will COVID-19 trigger 'act of God' contract provisions?
Now is the time for subcontractors to review the obscure contract provision better known as the "force majeure" clause.
Opinion
Contractors face contradictions among COVID-19 guidance
Contradictions in provisions of the CARES Act and existing laws and regulations has created a conundrum for contractors trying to stay in compliance.
Opinion
What COVID-19 contracting guidance tells us and what we still need to know
In his latest commentary, attorney James Fontana explains what the growing number of agency contract guidance are saying and what else the market needs to know.
Opinion
DOD COVID-19 guidance answers some questions but creates others
The Defense Department has issued 17 guidance documents to help clarify acquisition provisions in the CARES Act. Some have answered questions but others have spurred more questions. Read attorney James Fontana's analysis.
Opinion
CARES Act and the impact on contracting costs
The newly minted CARES Act has plenty that will impact government contractors and one area to pay attention to is how allowable costs will be handled.
Opinion