As of October 1, the U.S. Government Accountability Office’s (“GAO”) jurisdiction over protests on civilian agency task orders valued at more than $10 million expired, leaving government contractors with limited grounds for protesting such task order awards. In 1994, the Federal Acquisition Streamlining Act (“FASA”) was enacted in response to concerns that the federal procurement process was too cumbersome and complicated. One of the FASA reforms included a limitation on contractors’ ability to protest the issuance of task order awards, . . . Read More
GOVERNMENT CONTRACTS Prohibition on Contracting With Corporations with Delinquent Taxes or a Felony Conviction Updating Federal Contractor Reporting of Veterans’ Employment Non-Retaliation for Disclosure of Compensation Information Sole Source Contracts for Women-Owned Small Businesses Consolidation and Bundling Amendment Relating to Multi-Year Contract Authority for Acquisition of Property Contractors Performing Private Security Functions Section of Bipartisan Budget Act of 2013 Implemented Federal Acquisition Circular 2005-91 Small Entity Compliance Guide Department of Defense’s (“DOD”) Defense Industrial Base (“DIB”) Cybersecurity (“CS”) Activities SMALL BUSINESS ADMINISTRATION Early Stage Business . . . Read More
The HUBZone Program needs some TLC. After a peak of 14,000 SBA-certified participants in 2009, the HUBZone Program has seen a significant drop in participation over the past few years due to various factors. This, in turn, has led to a marked downturn in federal spending on HUBZone firms, while other set-aside categories have consistently met or exceeded the federal spending goals. In a 2015 report, GAO recommended ways for SBA to improve HUBZone Program oversight as well as communication . . . Read More
GOVERNMENT CONTRACTS Amendments to Department of Defense (“DOD”) Mentor-Protégé Program Temporary Extension of Test Program for Comprehensive Small Business Subcontracting Plans SMALL BUSINESS ADMINISTRATION Small Business Timber Set-Aside Program DEPARTMENT OF VETERANS AFFAIRS Prohibition on Use of Any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects Federal Civil Penalties Adjustment Act Amendments LABOR AND EMPLOYMENT Extension of Comment Period for Proposed Revision of Annual Information Return/Reports This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which . . . Read More
By Corey Argust What Kind of Risk Might Employers Face Because of an Employee’s (Unexpected) Behavior? On September 15, 2016, the U.S. District Court for the District of Columbia allowed claims of negligent supervision and retention to proceed against the government contractors who employed the person responsible for the 2013 mass shooting at the Washington Navy Yard. DeLorenzo v. HP Enterprise Services, LLC, et al., Case 1:15-cv-00216-RMC (D.D.C. Sept. 15, 2016). In denying motions to dismiss the claims of negligent supervision . . . Read More
By Michelle Litteken Published in Law360 on September 14, 2016. In December 2014, the Office of Management and Budget announced a new initiative called Category Management, a successor to the Federal Strategic Sourcing Initiative (“FSSI”) that was implemented in 2010. This policy could dramatically change the way the federal government purchases goods and services and the competitive landscape that government contractors face. Category Management has three primary goals: increasing savings, reducing the number of new contracts, and increasing the amount . . . Read More
Our law firm represents numerous small businesses operating across the government contracting spectrum, including many businesses that participate in the HUBZone program. We are strong proponents of the HUBZone program and its important and unique place among the federal government’s small business set-aside programs. In representing many HUBZone firms, we have seen first-hand how HUBZone firms benefit from participation in the HUBZone program and, in turn, provide positive impact and many benefits to the people living in underserved communities. However, we have also seen first-hand the . . . Read More
GOVERNMENT CONTRACTS Notice of Minimum Wage Rate Change for Contractors SMALL BUSINESS ADMINISTRATION SBIC – Early Stage Initiative This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Notice of Minimum Wage Rate Change for Contractors The Wage and Hour Division of the U.S. Department of Labor issued a notice announcing that beginning January 1, 2017, the Executive Order minimum wage rate that generally must be paid to workers performing work on, or in connection with, covered contracts will increase from $10.15 per hour to $10.20 per hour, . . . Read More
The Federal Acquisition Regulation and related Department of Labor Guidance required to implement Executive Order 13673, Fair Pay and Safe Workplaces, were published on August 25, 2016 (Final Rule and Guidance). With over 200 pages of implementing regulations, many contractors are finding it difficult to determine what they need to know now to be prepared for its implementation. After all, contractors will be required to report violations of over 14 labor laws during the proposal process and on SAM, track . . . Read More
