When Is a Low Price a Problem? Understanding Realism
Contractors are often confused after receiving a debriefing during which the Government states the contractor’s proposed price was too low. The disappointed offeror wonders, why would the Government want to pay a higher price? On the other hand, a disappointed offeror may learn that the awardee proposed a substantially lower price and want to use that low price as a protest ground in a bid protest. This type of protest can only be brought if the agency was required to . . . Read More
The Weekly Update September 8, 2017
GOVERNMENT CONTRACTS Department of Veterans Affairs Withdrawal of Proposed Rule. Federal Register, September 1, 2017. Retrieved from federalregister.gov The Department of Veterans Affairs (VA) published a rule in the Federal Register on November 6, 2015, 80 FR 68795, which proposed amending its regulations governing its Veteran-Owned Small Business (VOSB) Verification Program. The proposed rule sought to clarify the eligibility requirements for businesses to obtain “verified” status, added and revised definitions, reordered requirements, redefined ‘‘control,’’ and provided explanations for information on VA’s . . . Read More
FLSA Overtime Rule Struck Down Leaving DOL and Employers in Limbo
In a decision issued on August 31, 2017, federal district Judge Amos Mazzant struck down as invalid the Department of Labor’s (DOL) new overtime exemption rule which planned to significantly increase the salary threshold under the Fair Labor Standards Act (FLSA). As explained further below, a welcome decision for employers is also leaving DOL’s path toward a new overtime threshold in question. As most know, the FLSA requires that employers pay non-exempt employees overtime for any hours worked beyond . . . Read More
The Sisyphean Labor of the DAR Council: Segregation and Reintegration Data Rights
Having just presented on data rights issues to a number of government contracting officers and procurement professionals, as well as private sector contract management personnel, during the 2017 National Contract Management Association World Congress, it became clear that many people are confused (and rightly so) about what is happening with regard to the segregation and reintegration rules. Given that it took four years to get the first DFARS rule proposed, and then, in the 2017 National Defense Authorization Act (“NDAA”), . . . Read More
Common Claims Under Construction Contracts
Presented by Michelle Litteken and Jackie Unger Click here to view the recorded session.
Protesting FAA Awards: Understanding the Nuances
Nearly every federal agency is required to follow the Federal Acquisition Regulation (“FAR”). However, one exception is the Federal Aviation Administration (“FAA”), which is not required to comply with the FAR but rather has its own policies and procedures, called the Acquisition Management System (“AMS”). As a result, unlike most bid protests, which may be brought either at the agency-level, Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”), protests against the FAA contract awards (or solicitations) must . . . Read More
D.C. Circuit Weighs in on Employee’s Right to Union Representation at Disciplinary Meetings
In a recent ruling, the U.S. Court of Appeals for the D.C. Circuit has shed light on the scope of an employee’s right to union representation at an investigatory interview conducted by the employer. The prior case of NLRB v. J. Weingarten, Inc., 420 U.S. 251, 256 (1975) confirmed that an employee must be allowed to bring a union representative to any investigatory interview that he or she is required to attend, if the employee reasonably believes that the interview could . . . Read More
New Government-Wide Category Management Policy for Package Delivery Services Could Signal Changes for Other Industries
Despite the change in Administration, the Government’s efforts to implement category management continue and are about to have a major impact in how the Government contracts for package delivery services. What is category management? Essentially, it is a Government initiative to reduce contract duplication to save money on common goods and services that the Government purchases through the federal procurement system and is also called strategic sourcing. (For more information about what category management entails, click here .) In . . . Read More
The Weekly Update August 21, 2017
GOVERNMENT CONTRACTS “Industry Experts Advise GovCon Firms to Prepare for Possible Gov Shutdown.” ExecutiveGov, August 16, 2017. Retrieved from executivegov.com An ExecutiveGov article from August 16, 2017 analyzes the effects of a looming government shutdown on federal contractors. Expert panelists have advised that it is essential for government contractors to understand the nature of their contracts ahead of a shutdown. Proactively touching base with your contracting officer is the first step to preventing any confusion during a shutdown, as contracting officers . . . Read More
Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices
In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act (“FLSA”). Plaintiff-side employment lawyers took note immediately and began advertising to their target audience. It is not surprising, therefore, that servers, bartenders, and seasonal or event staff have advanced employee complaints based on alleged improper wage- . . . Read More