Trump’s NLRB Makes Resolutions for the New Year: Rolls-Back Standards on Handbooks and Joint Employment Status
In a flurry of decisions issued last week, the National Labor Relations Board (the “Board” or “NLRB”) overruled several Obama-era precedents, including decisions on handbook policies and joint employer standards. While headlines might give the impression that changes in the Board’s view are ground breaking, the decisions represent expected policy shifts given the change in the administration. The rush to issue these decisions comes at the end of Republican Chairman Phil Miscimarra’s term, leaving the Board’s composition between Republicans and . . . Read More
2018 NDAA Makes Big Changes to HUBZone Program
The 2018 National Defense Authorization Act (“NDAA”), signed last week, made some significant changes to the Small Business Administration’s (“SBA”) Historically Underutilized Business Zone (“HUBZone”) Program. Most of the changes will not take effect until January 1, 2020, but one important change is effective immediately: the current HUBZone maps will be “frozen” and will not change until at least January 1, 2020. This means that areas that currently are designated as HUBZone (or in redesignated status) will remain HUBZones until . . . Read More
Department of Labor Seeks to Loosen Reins on Restaurant Industry By Rescinding Regulation of Certain Tip Pooling Practices
Earlier this year, in “Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices”, I wrote about the Department of Labor’s (“DOL”) 2011 Regulation related to restaurant tip distribution practices and its journey to the U.S. Supreme Court. The regulation in question announced broadly that “[t]ips are the property of the employee” and “prohibited [employers] from using an employee’s tips . . . for any reason other than . . . [a]s a credit against its minimum wage obligations to . . . Read More
The Weekly Update December 15, 2017
SMALL BUSINESS GSA Names 80 Small Businesses to Lead Alliant 2 SB Competition On December 7, 2017, the GSA released a pre-award list of 80 companies in the running for the five-year, $15 billion Alliant 2 Small Business information technology and professional services contract. The businesses have not yet been granted award but the listing allows competitors to challenge the small-business status of those listed. For a complete list, please see the Federal Contracts Report, Vol 108, No 21, 545. . . . Read More
The Land Mines of Unpopulated Joint Ventures
SBA has all but eliminated populated joint ventures (i.e., a joint venture with employees of its own performing direct labor). As a result, companies that want to form a joint venture for set-aside opportunities and not be affiliated with each other need to form an unpopulated joint venture. While SBA’s preference for unpopulated joint ventures is meant to benefit small business venturers and provide them with more hands-on experience, it creates wrinkles for the venturers. 1. Scope of Work When . . . Read More
Happy Cyber New Year: The Year End Countdown to DFARS Compliance with NIST SP 800-171
Presented by Jon Williams and Kimi Murakami Click here to view the recorded session. Session Description: This session discussed the implementation of NIST SP 800-171 when contractors are subject to DFARS 252.204-7012. Topics included if you need to comply and, if so, what you need to do to implement new security requirements. It also helps to determine if you are already prepared based on the policies and procedures in place. A strong security program can give you a competitive advantage and avoid many adverse consequences . . . Read More
Your Annual Performance of Work Report Is Due Soon
If your joint venture (“JV”) was awarded an 8(a), SDVOSB, HUBZone, or WOSB set-aside contract in the months following SBA’s July 2016 final rulemaking, you should be getting ready to submit your annual performance of work report (“Annual Report”). The final rule, which became effective at the end of August 2016, amended SBA’s regulations to clarify the conditions for creating and operating JVs. One such condition is to submit the Annual Report to the contracting officer and to SBA, explaining . . . Read More
Happy Cybersecurity New Year
After the ball drops in Times Square this New Year’s Eve, many DoD contractors will wake up with a headache. And we don’t mean from too much champagne. We are talking about extensive DoD cybersecurity requirements these contractors must implement by December 31, 2017. Take this blog and call your PilieroMazza lawyer in the morning. The 12/31/17 deadline has been known since last year and many contractors are surely ahead of the curve. But if you find yourself doing . . . Read More
Why Failing To Intervene In A Bid Protest Could Have Dire Consequences
Imagine that your company has just been awarded a contract after spending significant time and resources identifying a federal business opportunity and developing a winning proposal. Now imagine that just as you are preparing to perform that contract a bid protest is filed by an interested party (e.g., a disappointed competitor). Depending on the facts of the case, you may be inclined to sit back and let the protest play out. No doubt, such a tactic would save the company . . . Read More
What Does a Potential Replacement of the Category Management Circular Mean for Contractors?
Approximately one year ago, we submitted comments to the Office of Management and Budget (“OMB”) Proposed OMB Circular No. A-XXX, Implementing Category Management for Common Goods and Services . As explained in a blog post discussing the Proposed Circular, if implemented, the Proposed Circular would dramatically change the way the Government purchases common goods and services. “Common goods and services” are “those items and services that all or most federal agencies procure and are not unique to the mission of an individual agency.” Common goods and services represent a significant portion of Government spending. The 2016 Circular aimed to create a Government-wide approach to . . . Read More