The Importance of a Carefully-Drafted Work-Share Provision
House Proposes Broader Application of “VA Rule of Two” to Close Kingdomware Loophole
On June 6, 2017, a bipartisan pair of lawmakers introduced a bill in the U.S. House of Representatives, H.R. 2781, known as the Ensuring Veteran Enterprise Participation in Strategic Sourcing Act (“Bill”), which, if passed, would have a significant impact on how the Department of Veterans Affairs (“VA”) administers the Veterans First Contracting Program (“Vets First”) and specifically—the “Rule of Two.” As a brief background, the “Rule of Two” requires the VA to set aside procurements for veteran-owned small businesses . . . Read More
Implementing A Service Contract Act Compliant Paid Leave Policy
Presented by Nichole Atallah and Meghan Leemon Click here to view the recorded session.
The Weekly Update June 16, 2017
GOVERNMENT CONTRACTING “GSA Adds Hundreds of Small Businesses to the 8(a) STARS II GWAC Contract.” GSA Press Release, June 15, 2017. Retrieved from gsa.gov. The GSA 8(a) STARS II Governmentwide Acquisition Contract (“GWAC”) recently added approximately 500 qualified industry partners during an Open Season. The Open Season enables GSA to continue its support of the U.S. Small Business Administration’s (“SBA”) 8(a) Business Development Program and assist agencies in meeting their small business goals. With over 3,200 task order awards and . . . Read More
DOL Withdraws Interpretation of “Joint Employment” and “Independent Contractors” Rules: What Does this Mean for Me?
On Wednesday, June 7, 2017, Secretary of Labor Alexander Acosta announced that the U.S. Department of Labor (DOL) would be withdrawing two Administrative Interpretations issued during the previous administration regarding joint employers and independent contractors. While the DOL’s withdrawal signals its departure from the Obama administration’s liberal interpretation of these two issues, employers need to recognize that this action does not change their actual legal responsibilities to employees. The two prior interpretations provided guidance to employers on how the . . . Read More
The Weekly Update June 9, 2017
SMALL BUSINESS ADMINISTRATION Rules of Procedure Governing Cases Before the Office of Hearings and Appeals The U.S. Small Business Administration (“SBA”) has amended the rules of practice of its Office of Hearings and Appeals (“OHA”) to implement section 869 of the National Defense Authorization Act for Fiscal Year 2016 and section 1833 of the National Defense Authorization Act for Fiscal Year 2017. This legislation authorizes OHA to decide Petitions for Reconsideration of Size Standards (“Size Standard Petitions”). This . . . Read More
How to Avoid Common Subcontracting Pitfalls
Presented by Jon Williams and Ambi Biggs Click here to view the recorded session.
Avoiding Common Subcontracting Pitfalls
Companies often team together to bid on government procurements in order to boost their chances of being awarded contracts and, if awarded the contracts, to provide greater support to the government than they may be able to provide on their own. While these partnerships usually begin with the best of intentions, far too often they lead to costly and disruptive disputes between the parties. The most common types of teaming agreement and subcontracting disputes involve one of the following issues: . . . Read More
Court of Federal Claims Holds That VA Rule of Two Trumps AbilityOne Program
A recent decision from the U.S. Court of Federal Claims (“Court”) confirms the U.S. Department of Veterans Affairs’ (“VA”) mandate to perform a Rule of Two analysis on all procurements, including before utilizing the AbilityOne Program. In PDS Consultants, Inc. v. United States, Case No. 16-1063C (Fed. Cl. May 30, 2017) , PDS Consultants challenged whether the VA must conduct analyze whether at least two veteran-owned small businesses (“VOSB”) are capable of performing the work at issue (also known as the “VA Rule of Two”) before procuring goods and services through the AbilityOne Program, . . . Read More
House Bill Would Limit Credit for Small Businesses Falling into Multiple Socioeconomic Categories
A recent bill introduced in the U.S. House of Representatives seeks to amend the Small Business Act to limit the way agencies take credit for contracting with small businesses that fall into several socioeconomic categories. H.R. 2362, known as the Assuring Contracting Equity Act of 2017, was introduced on May 4, 2017 and would, if passed, add a provision titled “Limitation on Number of Categories for which a Small Business May Qualify.” This provision would prevent a Federal agency from . . . Read More