GOVERNMENT CONTRACTS Recognition of Tribal Organizations for Representation of VA Claimants The Department of Veterans Affairs (“VA”) is amending its regulations concerning recognition of certain national, state, and regional or local organizations for purposes of VA claims representation. Specifically, this final rule allows the Secretary to recognize Tribal organizations in a similar manner as the Secretary recognizes state organizations. The final rule allows a Tribal organization that is established and funded by one or more Tribal governments to be recognized . . . Read More
Last week, the General Services Administration (“GSA”) issued a final rule amending the General Services Administration Acquisition Regulation (“GSAR”) to clarify that the ordering-agency task and delivery order ombudsman has jurisdiction and responsibility to review and resolve fair opportunity complaints on task and delivery orders placed against GSA multiple-award contracts (“MACs”). The final rule also requires the ordering agency to include contact information for their task and delivery order ombudsman when placing task or delivery orders against MACs. In addition, . . . Read More
Though we live in the electronic age, the pen’s power endures in the government contracts world—at least when it comes to signatures for certified claims. The Armed Services Board of Contract Appeals (“ASBCA”) recently held that it could not hear a contractor’s appeal under the Contract Disputes Act (“CDA”) for some of its claims worth over $100,000 because the certified claims that the contractor submitted contained typewritten names on the signature lines. Instead of putting pen to paper or affixing . . . Read More
GOVERNMENT CONTRACTS Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense (“DOD”), the General Services Administration (“GSA”) and National Aeronautics and Space Administration and agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council. The Small Entity Compliance Guide for these final rules can be found here . Item I – Uniform Use of Line Items (FAR Case 2013-014) This final rule . . . Read More
On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor Relations Act. Justices granted cert to three petitions – in National Labor Relations Board v. Murphy Oil USA, Ernst & Young LLP v. Morris, and Epic Systems v. Lewis – each dealing with arbitration agreements requiring individual arbitration to resolve employer-employee disputes. In recent years employers have used . . . Read More
By Michelle Litteken Many contractors are familiar with post-award bid protests. Soon after receiving notification of award, the contracting officer may notify the awardee that a bid protest has been filed by a disappointed offeror at the Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”). However, some contractors are not aware of the option to participate in the proceeding if their award is challenged. Namely, at either the GAO or COFC, the awardee may intervene in the . . . Read More
By Katie Flood Right before the tail end of 2016, SBA delivered its long-awaited Final Rule regarding lower-tier small business subcontracting plan credit. Implementing directives initiated by Congress in the 2014 National Defense Authorization Act, the Final Rule allows other than small prime contractors with individual subcontracting plans to receive credit toward small business subcontracting goals for subcontract awards made to small businesses at any tier, to the extent reported on the subcontracting plans of its lower tier subcontractors. The Final Rule . . . Read More
