SENATE TESTIMONY Jon Williams Testifies in Kingdomware Senate Committee Hearing GOVERNMENT CONTRACTS Small Business Transforming America’s Regions Act of 2016 Federal Acquisition Regulation: Strategic Sourcing Documentation Federal Civil Penalties Adjustment Act Amendments Transactional Data Reporting This week’s report follows, click here if you would like to download a copy . SENATE TESTIMONY Jon Williams Testifies in Kingdomware Senate Committee Hearing On June 23, Jon Williams, Partner in the PilieroMazza Government Contracts Group, testified before the U.S. Senate Committee on Small Business & Entrepreneurship. The committee held a hearing on the ramifications of the Supreme . . . Read More
On June 23, Jon Williams, Partner in the PilieroMazza Government Contracts Group, testified before the U.S. Senate Committee on Small Business & Entrepreneurship. The committee held a hearing on the ramifications of the Supreme Court’s recent decision in Kingdomware Technologies, Inc. v. United States. Mr. Williams, and others, testified about the significance of the Kingdomware ruling for veteran-owned small businesses. The Supreme Court found that the “Vets First” mandate applies to all Department of Veterans Affairs contracts, including Federal Supply Schedule (“FSS”) task orders. . . . Read More
By Alex Levine While traditionally a bid protest involves a losing offeror challenging the award of a contract to another offeror, occasionally winning offerors on a multiple award contract (MAC) have sought to challenge the government’s issuance of another award to an offeror on the same MAC. These types of protests have historically been rejected by both the Court of Federal Claims (COFC) and the U.S. Government Accountability Office (GAO), which have held that the winning offeror does not have . . . Read More
By Kimi Murakami There are two major regimes that govern exports from the United States. One is the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce’s Bureau of Industry and Security and, second, the International Traffic in Arms Regulations (“ITAR”) enforced by the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”). A recent blog article discussed EAR compliance and this blog will address the requirements of ITAR. Similar to issues relating to EAR discussed in . . . Read More
DEPARTMENT OF LABOR DOL Issues Final Rule on Discrimination on the Basis of Sex This week’s report follows, click here if you would like to download a copy . DEPARTMENT OF LABOR DOL Issues Final Rule on Discrimination on the Basis of Sex The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has published this final rule to detail obligations that covered federal government contractors, subcontractors, federally-assisted construction contractors, and subcontractors must meet under Executive Order 11246, as amended, to ensure nondiscrimination in employment on the basis of sex, and to . . . Read More
In March 2015, GAO issued a decision in Recogniti, LLP, B-410658 (January 21, 2015), whereby it upheld the agency’s reliance upon individual past performance references for the owner of a small and relatively new company. GAO noted that the FAR allows agencies to credit a company for the past performance of an owner if that owner is proposed as a key employee for the work to be performed. As a follow-up to a blog article we wrote on this topic last year, we felt it necessary to point out another . . . Read More
In a big win for veteran-owned small businesses, the Supreme Court today ruled unanimously in favor of Kingdomware Technologies, Inc., in its case against the Department of Veterans Affairs (“VA”). Kingdomware had brought suit challenging the VA’s failure to set aside an order under the Federal Supply Schedule (“FSS”) for veteran-owned small businesses. In the ensuing litigation, the VA took the position that it was not required to reserve FSS orders for SDVOSBs or VOSBs because the mandates of the . . . Read More
By Corey Argust For some time, federal courts have concluded that granting leave to an employee may be a reasonable accommodation for a disability under the Americans with Disabilities Act (“ADA”). On May 9, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding when and how employers must grant leave under the ADA. The guidance marks the first time since 2002 that the EEOC has provided additional insights on the often-confusing requirements for providing leave to employees . . . Read More
By Ambi Biggs On June 2, 2016, the Virginia Supreme Court resolved a split among the lower courts and the federal district courts in Virginia regarding the notice employers are required to provide at-will employees prior to terminating them. In Johnston v. William E. Wood & Associates, the plaintiff worked at a real estate services firm for 17 years as an at-will employee. When her employer terminated her without any advance notice, she brought suit, alleging that she was wrongfully discharged . . . Read More
GOVERNMENT CONTRACTS OMB Issues Final Guidance for Category Management Amendments Proposed for 2017 NDAA SBA Releases Semiannual Regulatory Agenda This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS OMB Issues Final Guidance for Category Management Final guidance from the Office of Management and Budget (OMB) last week has accelerated the push for government-wide consolidation of acquisitions for software licenses. Part of the so-called “category management” initiative, the government’s goal is to eliminate redundancy in software licenses and make the buying and managing of software management more efficient and unified by grouping similar products into categories. OMB’s . . . Read More
