DEPARTMENT OF LABOR US Department of Labor reinstates Wage and Hour opinion letters The U.S. Department of Labor will reinstate the issuance of opinion letters, U.S. Secretary of Labor Alexander Acosta announced on Thursday, April 12. The action allows the department’s Wage and Hour Division to use opinion letters as one of its methods for providing guidance to covered employers and employees. An opinion letter is an official, written opinion by the Wage and Hour Division of how a particular . . . Read More
On April 2, 2018, the U.S. Government Accountability Office (“GAO”) issued a final rule, which, effective May 1, 2018, implements an electronic filing system for bid protests known as the Electronic Protest Docketing System (“EPDS”). Historically, GAO has only accepted protest filings via e-mail, fax, regular mail, or hand delivery. However, in 2014, Congress directed GAO to establish an electronic filing and dissemination system. Thus, the concept for EPDS was born. After years of development, EDPS was taken for a “test drive” . . . Read More
Presented by Megan Connor and Julia Di Vito Click here to view the recorded session. Session Description: You just received an unsuccessful offeror notice—now what? Do you have a right to a debrief? Should you file a protest right away? If the agency provides a debriefing, should you push for a debriefing in person, over the phone, or in writing? You may wonder what the agency can tell you about the procurement or when the debriefing will occur. Having a basic understanding . . . Read More
In a 5–4 decision , the U.S. Supreme Court last Monday held that auto service advisors—car dealership employees who consult with customers about service needs and suggest repair services—are exempt from overtime requirements under the Fair Labor Standards Act (“FLSA”). The decision follows a 2011 Department of Labor rule that excluded these service advisors from the exemption. As a reminder, the FLSA requires that companies pay covered employees time and a half for all hours worked in excess of 40 each . . . Read More
On Thursday, March 22, the Department of Defense (“DoD”) issued a Federal Acquisition Regulation (“FAR”) class deviation in light of the enhanced postaward debriefing rights required by Section 818 of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2018. The NDAA, which was signed into law on December 12, 2017, requires revisions to the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement a number of changes to debriefing requirements for DoD procurements. For instance, the NDAA requires a written . . . Read More
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DEPARTMENT OF DEFENSE FAR Class Deviation for Enhanced Debriefings The Department of Defense (DoD) issued a FAR class deviation last Thursday for enhanced debriefings in light of Section 818 of the FY2018 NDAA (NDAA 2018). This deviation is effective as of March 22, 2018, and allows for the offeror to submit questions within two business days of a debriefing, which the agency should answer, as much as practicable, within five business days. The debriefing shall not be concluded until the agency provides responses . . . Read More
Registering with SAM.gov is a fact of life for government contractors. And, from what we often hear, a challenging fact at that. Indeed, it can be difficult to navigate the registration process, and it is time-consuming. Plus, processing times can be slow, from a few weeks to longer in extreme cases. These realities of the SAM.gov registration process can cause stress for a new entity that is registering in SAM.gov for the first time and needs the registration completed before . . . Read More
During the past three years, the number of judicial vacancies in U.S. federal courts has quickly grown. While there has been a flurry of individuals recently nominated to fill the vacant judgeships, many positions remain open. This has led to clogged dockets and increased the length of time it takes cases to be resolved in federal courts. Of the 890 authorized judgeships in federal district courts and courts of appeals, 147—16 percent—are vacant. Many of the judicial positions have been . . . Read More
The Small Business Administration (“SBA”) has made changes to the HUBZone maps to implement the new changes from the National Defense Authorization Act for Fiscal Year 2018 (“NDAA”). In December , we wrote about the changes to the HUBZone Program that would result from the 2018 NDAA, which included a requirement that the HUBZone map stay the same until at least January 1, 2020. Since then, SBA has taken the following steps: All areas that were listed as “Redesignated” on 12/12/17 . . . Read More