The Weekly Update for May 11, 2018
SMALL BUSINESS ADMINISTRATION Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards Columbia-based MassTech, Inc., its former Chief Executive Officer, Arnold Lee, and its former Chief Financial Officer, Richard Lee, have agreed to pay the United States $1.9 million to resolve allegations that MassTech falsely certified that it was a small business concern in order to obtain Small Business Innovation Research (SBIR) awards. The settlement . . . Read More
The Weekly Update for May 4, 2018
DEPARTMENT OF DEFENSE Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that makes contractors and subcontractors subject to approval (as well as review and audit) by appropriate DoD officials when identifying a contractor-approved supplier of electronic parts. 83 Fed. Reg. 87, 19641-2 . Defense Federal Acquisition Regulation Supplement: Statement of . . . Read More
Legal Advisor Newsletter – Second Quarter 2018
Special Issue on Investigations The Mandatory Disclosure Rule: Mitigating Risk When the Requirement for Disclosure Is Not Clear Looking Inward: Internal Investigations of Potential False Claims Act Violations When the Law Comes A Callin’: A “How To” For Responding to Subpoenas and Document Requests Five Tips to Address Employee Complaints and Avoid Liability Cybersecurity Update
Weekly Update Report for April 27, 2018
SMALL BUSINESS ADMINISTRATION Tribal Consultation for Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments The U.S. Small Business Administration (SBA) announced that it is holding a Tribal Consultation meeting in Anchorage, Alaska concerning the regulations governing the 8(a) Business Development program and the HUBZone program. The Tribal Consultation meeting date is Wednesday, may 9, 2018. SBA seeks to reduce unnecessary or excessive regulatory burdens in those programs and to . . . Read More
The Weekly Update for April 23, 2018
GOVERNMENT ACCOUNTABILITY OFFICE CIVILIAN AND CONTRACTOR WORKFORCES: Department Of Defense’s Cost Comparisons Addressed Most Report Elements but Excluded Some Costs In response to Congressional direction, the Department of Defense (DoD) issued a report in April 2018 comparing the costs of federal civilian and service contractor personnel at select installations. The report addressed three out of four provision elements and partially addressed one, as discussed below. DoD concluded that neither federal civilians, nor service contractors were predominately more or less expensive, with costs . . . Read More
Multiple-Award Contracts – Path to Growth or Punishment for Success?
Published by Set-Aside Alert Newsletter: Size and status representations for task orders issued under Multiple Award Contracts (MAC) and schedules have become a controversial and complex issue. Generally, the Small Business Administration’s (SBA) size rules state that representations made at the time of initial offer are valid throughout the life of a contract. This means that all representations made with respect to a MAC will be valid for each order issued against the contract, unless a contracting officer requests recertification . . . Read More
The Weekly Update for April 13, 2018
DEPARTMENT OF LABOR US Department of Labor reinstates Wage and Hour opinion letters The U.S. Department of Labor will reinstate the issuance of opinion letters, U.S. Secretary of Labor Alexander Acosta announced on Thursday, April 12. The action allows the department’s Wage and Hour Division to use opinion letters as one of its methods for providing guidance to covered employers and employees. An opinion letter is an official, written opinion by the Wage and Hour Division of how a particular . . . Read More
The Weekly Update for March 30, 2018
DEPARTMENT OF DEFENSE FAR Class Deviation for Enhanced Debriefings The Department of Defense (DoD) issued a FAR class deviation last Thursday for enhanced debriefings in light of Section 818 of the FY2018 NDAA (NDAA 2018). This deviation is effective as of March 22, 2018, and allows for the offeror to submit questions within two business days of a debriefing, which the agency should answer, as much as practicable, within five business days. The debriefing shall not be concluded until the agency provides responses . . . Read More
The Weekly Update for March 23, 2018
GOVERNMENT CONTRACTING McCaskill Pushes the Department of Homeland Security to Hold Government Contractors Accountable for Waste, Fraud, and Abuse of Taxpayer Dollars According to an article on hsgac.senate.gov , U.S. Senator Claire McCaskill, the top-ranking Democrat on the Homeland Security and Governmental Affairs Committee, is calling for answers after a recent report from the Department of Homeland Security Office of Inspector General highlighted problems with the department’s Suspension and Debarment Program. The program is tasked with penalizing contractors that have engaged in . . . Read More
The Weekly Update for March 16, 2018
GOVERNMENT CONTRACTING San Diego Communications Company Pays More Than $12 Million to Settle False Claim Act Allegations Regarding Eligibility for Small Business Innovation and Research Contracts According to a news release by the Department of Justice, TrellisWare Technologies, Inc., a communications company located in San Diego, has agreed to pay $12,177,631.90 to settle civil False Claims Act allegations that it was ineligible for multiple Small Business Innovation and Research (SBIR) contracts it had entered into with government defense agencies. TrellisWare . . . Read More