The Weekly Update for February 9, 2018
GOVERNMENT CONTRACTS Pentagon Warns CEOs: Protect Your Data or Lose Our Contracts According to an article from Govexec.com, the Pentagon has issued a warning to defense-industry contractors, insinuating that they need to sharpen up their computer networks protection, or risk losing business. Deputy Defense Secretary Patrick Shanahan was at the forefront of the push for greater security measures, stating, “The culture we need to get to is that we’re going to defend ourselves and that … we want the bar . . . Read More
Successful Defense of a Size Appeal Before SBA’s OHA
Size Appeal of Chenega Support Services, LLC, SBA No. SIZ-5874 (2017) PilieroMazza successfully defended a size appeal before the SBA’s Office of Hearings and Appeals (“OHA”), allowing the awardee to maintain an important contract award. The Air Force awarded the contract in December 2016. No size protests were filed, but two competitors filed bid protests with GAO. In response to the bid protests, the Air Force took corrective action but did not terminate the contract. In October 2017, the Air . . . Read More
Defining “Unconditional” Ownership and Control of SDVOSBs: SBA Proposes to Relax Ownership and Control Requirements
Recently, we wrote about the VA’s proposed rule to eliminate its own ownership and control criteria for SDVOSB and VOSB eligibility under the Vets First contracting program. The proposed rule stems from Congress’ mandate in the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) that SBA be the sole agency responsible for issuing regulations relating to the ownership and control of SDVOSBs and VOSBs. On Monday, the SBA released a proposed rule regarding the sole definition of ownership and control that would apply . . . Read More
Don’t Get Lost Filing and Prosecuting CDA Claims
Although the Contract Disputes Act (“CDA”) is intended to provide an efficient way for contractors to resolve disputes with the Government, contractors often encounter difficulties when submitting and prosecuting CDA claims. A claim may not satisfy the CDA’s requirements, such as providing a certification or requesting a final decision. Or, a contractor may face problems at the appeal stage due to jurisdictional issues. A recent decision from the Federal Circuit, Securiforce International America, LLC v. United States, Nos. 2016-2586, 2016-2633 . . . Read More
The Weekly Update for February 2, 2018
GOVERNMENT CONTRACTS Defense Federal Acquisition Regulation Supplement: Procurement of Commercial Items (DFARS case 2016-d006) The Department of Defense (DOD) issued a final rule, which amended the Defense Federal Acquisition Regulation Supplement (DFARS), to implement sections of the National Defense Authorization Acts for Fiscal Years 2013, 2016, and 2018, related to commercial item acquisitions. The rule will reduce the risk of fraud, increase accountability, and make the buying process more seamless for the military. See 83 Fed. Reg 4431 . SMALL BUSINESS Ownership and Control . . . Read More
The Weekly Update for January 26, 2018
GOVERNMENT CONTRACTS General Services Administration Acquisition Regulation (GSAR); Federal Supply Schedule, Order-Level Materials The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to clarify the authority to acquire order-level materials (OLMs) when placing an individual task or delivery order against a Federal Supply Schedule (FSS) contract or FSS blanket purchase agreement (BPA). OLMs are supplies and/or services acquired in direct support of an individual task or delivery order placed against an FSS contract or BPA, . . . Read More
How to Tell Your Customer “Hands Off My Workforce!”: Understanding Your Rights as a Government Contractor
I need this project completed by next week! We decided to move your offices down two floors. Can you work through the weekend? Most contractors are used to their government customers’ idiosyncratic preferences. Satisfying the customer’s needs is par for the course. But at what point does a government official’s overbearing nature change from inconvenient to impermissible? This is a question we’ve been hearing more and more often from our clients. As a rule, the government is not supposed to . . . Read More
The Weekly Update for January 19, 2018
TOP OF THE NEWS The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home By Nichole D. Atallah Ms. Atallah’s blog creates an invaluable list for government contractors to keep in mind should the government shutdown actually come to fruition. The list discusses various labor and employment issues that could expose companies to liability, and ranges from state wage and hour law compliance to security clearance processing. For the complete list, please read the full . . . Read More
The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home
With a possible federal government shutdown looming, many government contractors will face difficult employment decisions. If your company could be facing these decisions, keep in mind the following labor and employment issues that could expose the company to liability: 1. Don’t risk exemptions under the Fair Labor Standards Act (FLSA): Employers should exercise caution so as not to risk losing an employee’s exempt status that may trigger liability for overtime hours the employee worked prospectively and retrospectively. An exempt, salaried employee . . . Read More
And the False Claims Act Makes Three – 3rd Circuit Applies the More Employer-Friendly Title VII Retaliation and ADEA “But-for” Test in Determining Whistleblowing Retaliation Claim
She was a director of marketing for a drug company who had received a performance improvement plan to address issues related to her relationships with co-workers and supervisors. But she had also raised concerns about the company’s purported “off-label” use of drug products, which is the unapproved use of an approved drug or the use of a drug for purposes other than those that have been approved by the FDA. She eventually resigned and later alleged that she was constructively . . . Read More