GOVERNMENT CONTRACTING “Proposed Information Collection Request; Federal Contractor Veterans’ Employment Report VETS-4212.” Federal Register, July 18, 2017. Retrieved from federalregister.gov . The Veterans’ Employment and Training Service (VETS) issued a notice soliciting public comments concerning a request to extend the currently approved VETS-4214 information collection form. Federal contractors and subcontractors track and report the number of employees in their workforces, by job category and hiring location, who belong to the specified categories of protected veterans. This information is sent annually to the . . . Read More
A recent bill before the U.S. House of Representatives seeks to limit the use of the lowest price technically available (“LPTA”) source selection process in procurements. H.R. 3019, which was introduced on June 22, 2017, would create a policy to avoid using LPTA criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process. The LPTA process dictates that when conducting a competitive procurement, the agency will select the offeror that . . . Read More
In the IT sector, it is common for contractors with relationships to various federal agencies to have top-tier talent in-house to provide high quality IT services. Some vendors even have programmers and software engineers in-house to directly develop commercial and non-commercial software products for its clients. However, there are many times when, among other things, (1) the government needs a particular type of solution; (2) the contractor believes that some third-party software would suit the government’s needs best; or (3) . . . Read More
FEDERAL AGENCIES “VA Veteran-Owned Small Business Verification Guidelines.” Federal Register, July 12, 2017. Retrieved from federalregister.gov . Department of Veterans Affairs (VA) published a final rule in the Federal Register revising the required re-verification of ownership and control of veteran-owned small businesses (VOSBs) as well as service-disabled veteran-owned small businesses (SDVOSBs). The VA will now re-verify SDVOSB/VOSB every three years, rather than every two years. “GSA releases statement on FBI Headquarters.” GSA News Release, July 11, 2017. Retrieved from gsa.gov. The . . . Read More
Imagine that after months of diligently working on a proposal for a set-aside contract, you learn that your company has been identified as the apparent successful offeror. Then, a few days later, you receive an email from the Small Business Administration (“SBA”) notifying you that another offeror has filed a size protest. The SBA’s email cites multiple regulations and instructs you to respond to the protest allegations. The SBA also directs you to complete a lengthy form called the SBA . . . Read More
CAPITOL HILL “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce issued a memo to provide agency guidance in accordance to Executive Order 13788, Buy American and Hire American. The memo prompts agencies to assess their compliance with all statutes, regulations, rules, and Executive Orders relating “Buy America” or “Buy American” and Federal procurement. In order to maximize the Federal Government . . . Read More
As an entrepreneur or a small business owner, you know that access to capital is a crucial component in both the setting up and growing of your business. Capital is necessary at every stage, for example, enabling your business to order goods before you expect to be paid, paying for accumulating overhead costs, investing in client development and marketing, etc. — having access to capital is the lifeline for your business. However, entrepreneurs and small business owners often find that it . . . Read More
In the government contracting world, companies are often reluctant to create true equity incentive plans, such as options and restricted stock units. Small businesses have valid reasons for hesitating to offer equity to new individuals, such as a lack of familiarity with the person, an interest in retaining as much ownership as possible in the event that an equity transaction is necessary in the future, and the SBA’s rules on ownership, control, and affiliation, including the so-called “Present Effect Rule.” . . . Read More
A common frustration faced by many small business government contractors, particularly in the construction industry, is how often agencies make very costly unilateral change orders during the course of performance. Although a contractor may be able to receive compensation for the additional work it has performed through a request for an equitable adjustment (“REA”), whether due to agency budgetary constraints or other issues, processing of REAs is often subject to significant delays. The contractor may have serious cash flow constraints . . . Read More
LABOR AND EMPLOYMENT Occupational Safety and Health Administration, Department of Labor On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule entitled “Improve Tracking of Workplace Injuries and Illnesses” with an effective date of January 1, 2017 for the final rule’s electronic reporting requirements. The final rule sets an initial deadline of July 1, 2017, as the date by which certain employers are required to electronically submit the information from their completed 2016 Form 300A to . . . Read More