Nearly every federal agency is required to follow the Federal Acquisition Regulation (“FAR”). However, one exception is the Federal Aviation Administration (“FAA”), which is not required to comply with the FAR but rather has its own policies and procedures, called the Acquisition Management System (“AMS”). As a result, unlike most bid protests, which may be brought either at the agency-level, Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”), protests against the FAA contract awards (or solicitations) must . . . Read More
In a recent ruling, the U.S. Court of Appeals for the D.C. Circuit has shed light on the scope of an employee’s right to union representation at an investigatory interview conducted by the employer. The prior case of NLRB v. J. Weingarten, Inc., 420 U.S. 251, 256 (1975) confirmed that an employee must be allowed to bring a union representative to any investigatory interview that he or she is required to attend, if the employee reasonably believes that the interview could . . . Read More
Despite the change in Administration, the Government’s efforts to implement category management continue and are about to have a major impact in how the Government contracts for package delivery services. What is category management? Essentially, it is a Government initiative to reduce contract duplication to save money on common goods and services that the Government purchases through the federal procurement system and is also called strategic sourcing. (For more information about what category management entails, click here .) In . . . Read More
GOVERNMENT CONTRACTS “Industry Experts Advise GovCon Firms to Prepare for Possible Gov Shutdown.” ExecutiveGov, August 16, 2017. Retrieved from executivegov.com An ExecutiveGov article from August 16, 2017 analyzes the effects of a looming government shutdown on federal contractors. Expert panelists have advised that it is essential for government contractors to understand the nature of their contracts ahead of a shutdown. Proactively touching base with your contracting officer is the first step to preventing any confusion during a shutdown, as contracting officers . . . Read More
In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act (“FLSA”). Plaintiff-side employment lawyers took note immediately and began advertising to their target audience. It is not surprising, therefore, that servers, bartenders, and seasonal or event staff have advanced employee complaints based on alleged improper wage- . . . Read More
The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs, that may be appropriate for repeal, replacement, or modification. We represent many small businesses that participate in the various procurement programs administered by GSA, in particular contract vehicles under GSA’s Federal Supply Schedule program. Although there are many issues that touch upon small business concerns that hold these contracting vehicles . . . Read More
On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they are obsolete, unnecessary, ineffective, or burdensome. The RFI is prompted by various Executive Orders seeking to reduce the number and costs of federal regulations, including Executive Order 13771, signed by President Trump on January 30, 2017, requiring agencies to identify two existing regulations that the agency may cancel for every new . . . Read More
If you are a prime contractor with a small business subcontracting plan, you may wonder “when” a small business subcontractor should render its size representation, and what are the subcontractor’s obligations to rerepresent its size status, such as after a merger or acquisition. Both the SBA size regulations and the FAR are clear that a subcontractor’s representation of its size status at the time it submits its offer for the subcontract governs the subcontractor’s size status for the subcontract. Thus, subcontractors’ size . . . Read More
FEDERAL AGENCIES “Defense Federal Acquisition Regulation Supplement: DFARS Subgroup to the DoD Regulatory Reform Task Force, Review of DFARS Solicitation Provisions and Contract Clauses.” Federal Register, August 10, 2017. Retrieved from federalregister.gov The Department of Defense published a proposed rule in the Federal Register seeking input on Defense Federal Acquisition Regulation Supplements solicitation provisions and contract clauses that may be appropriate for repeal, replacement, or modification. The public comment period is extended to September 11, 2017. “Report to Congress Restructuring the . . . Read More
