The partial government shutdown is now the longest running shutdown in history and there is no clear end in sight.  Some 800,000 federal employees have been affected by the shutdown.  They have either been furloughed, or even if they are working, they are going without pay.  However, although affected federal employees will get back pay after the shutdown ends, the current political landscape surrounding recovery for potentially affected federal contractors and their employees is less clear.  Thus, while the shutdown’s effects have introduced significant uncertainty, the aftermath of the shutdown poses an equal degree of uncertainty.

Further to our post about the best practices for contractors to weather the shutdown, contractors should also evaluate their options and strategies for seeking recovery of their costs due to the shutdown.  Although the current political landscape has not provided any full guarantees to affected federal contractors, most government contracts have clauses from the Federal Acquisition Regulation (FAR) that may provide a basis for recovery.  The primary clauses that may aid a contractor in such endeavors include: FAR 52.242-14 (suspension of work), FAR 52.242-15 (stop work order), FAR 52.242-17 (government delay of work), and FAR 52.243 (changes).  A common requirement with all of these clauses, however, is that they impose a quick turnaround on the contractor to notify and assert any rights to the government, with some clauses providing as little as 30 days from the end of the work stoppage period to take action.
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As yet another government shutdown looms on the horizon, contractors must again prepare for the ramifications of a shutdown.  At present, the President does not look likely to sign a budget bill unless Congress includes significant appropriations for a border wall which also does not appear likely.  If no compromise is reached, parts of the government could begin to shut down as early as next week (December 21).  While industry has no control over Washington politics, the effects will still be felt nationwide and will probably impact your business as a federal contractor.  While not an exhaustive list, a government shutdown can halt your incremental funding stream, delay other payments, preclude you from executing new contracts or modifying existing ones, impose logistical challenges such as closed government facilities or furloughed government employees who are your counterparts on a program, increase your costs (both direct and indirect), and delay or defer the exercise of contract options.  So, what can you do to weather the storm?  Here are some suggestions for mitigating your risks during a potential shutdown.
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To help you navigate the rough seas of doing business with the federal government in the Trump administration, Washington PTACPacific Northwest Defense CoalitionAGC of Washington, and the Government Contracts team at Oles Morrison have assembled a group of nationally recognized government contracts professionals for a seminar covering topics relevant to

Oles Morrison attorney, Jim Nagle, has been tapped to give the keynote presentation at the Alliance Northwest 2018 Conference on March 15.  Jim’s keynote, “Contracting in the age of Trump,” will cover President Trump’s impact on the regulatory process, the Buy American act, the role of contractors in fulfilling the work of the executive

Should a contractor find itself appealing a contracting officer’s denial of a claim to the Armed Services Board of Contract Appeals (ASBCA) or the Civilian Board of Contract Appeals (CBCA), they will likely engage in some sort of document discovery. In a world with seemingly limitless and inexpensive data storage, cell phone cameras, drone video,

Teaming JV Jun2017Join Howard Roth June 1st for “Teaming & Joint Venturing for Government Contracting Success” sponsored by Washington PTAC and Tri-City Regional Chamber of Commerce.  This seminar will be held at the Tri-Cities Business & Visitor Center Bechtel Board Room 7130 W. Grandridge Blvd., Kennewick WA 99338 from 10am to 12pm.  For more information and to

HWR Headshot Outside Color 030314_SquareOn Wednesday, November 16, Howard Roth will present an interactive workshop at the Tri-Cities Regional Chamber of Commerce that will provide essential information small businesses need to know to protect their business.  Learn about recent updates including the SBA’s new Mentor/Protégé Program, Affiliation rules and Teaming/Joint Venturing. 

To register for this workshop, please visit Washington

James F. NagleJames F. Nagle will give a special presentation at The Seminar Group’s upcoming 23rd Annual Washington Construction Law conference on September 15 at the Hilton Seattle. In Jim’s federal construction law presentation, he will provide an update on the False Claims Act, new programs  from the Small Business Administration and other new developments affecting construction law. Guests of Jim are eligible for a $100 discount with the promo code “FAC100.”
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ncma-header-logoOn September 15, join Adam Lasky, partner in Oles Morrison’s Government Contracts Practice Group, along with Laurie Davis, senior contracting officer of Naval Sea Systems Command, as they discuss lessons learned from bid protests concerning cost or price realism analysis. In this webinar, Adam and Laurie will show procurement officers and contractors how they can avoid these same pitfalls and will focus on the following topics:
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DARPA’s “artist concept” for a flying aircraft carrier (DARPA image)

Could a new generation of aircraft carriers change how future conflicts are fought from the sky? The U.S. Defense Advanced Research Projects Agency (DARPA) aims to find out. This month, DARPA, the agency charged with developing new military technologies for the Department of Defense, issued a Request for Information (RFI) for “Distributed Airborne Capabilities,” or in other words “Ideas for Transforming Planes into Aircraft Carriers in the Sky.” According to DARPA, flying aircraft carriers would expand the range of drones thereby allowing the military to conduct more unmanned air operations and reducing the number of missions where pilots are put at risk.

A look back at history shows that this is not the first time the U.S. military has experimented with the idea of flying aircraft carriers.

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