Other Transaction Authority: What Is It and How Can I Get It?
If you followed the National Defense Authorization Act for Fiscal Year 2018 (“FY 2018 NDAA”) or the recent cloud computing award to REAN Cloud, you likely heard the term “other transaction authority,” but may have wondered what it means. The term is an invention of lawmakers to give the U.S. Department of Defense (“DOD”) maximum flexibility in obtaining innovation without the trappings of traditional procurements. Contractors looking to take advantage of “other transaction authority” or “OTA” need to know some . . . Read More
The Risk of Certifying as Small Without Tax Returns
We are regularly contacted at this time of year, before tax returns are due, by companies that wish to pursue small business set-aside contracts but have not yet filed their tax returns. These inquiries stem from the belief by some firms that, because their tax returns have not been completed, they may still self-certify as a small business while knowing, or suspecting, that their immediate, prior year revenues make them large. This misunderstanding of the size regulations can have dire . . . Read More
Do Millennials Pose a Retention Risk?
According to GAO, it’s reasonable for agencies to consider it in evaluating quotes. The topic of millennials in the workforce is no stranger to anyone in the working world. A plethora of articles, blogs, reports, polls, and studies have been devoted to the subject. Companies and a countless other number of people (including millennials) have debated the subject for years, and will likely continue to do so. This is especially true when it comes to how quickly (whether perceived or . . . Read More
Do Millennials Pose a Retention Risk? According to GAO, It’s Reasonable For Agencies to Consider It
Impact of Recent OHA decision on Size and Status Recertifications
VA Amends Rules on Price Adjustments, Comments on Its Use of the Vets First Authority and Cascading Set-Asides
On February 21, 2018, the U.S. Department of Veterans Affairs (VA) issued final rules to amend its regulations that pertain to Economic Price Adjustment clauses for firm-fixed-price contracts, identifying VA’s Task-Order and Delivery-Order Ombudsman; clarifying the nature and use of consignment agreements; adding policy coverage on bond premium adjustments and insurance under fixed-price contracts; and providing for indemnification of contractors for medical research or development contracts. These final rules adopt the proposed rule published on March 13, 2017, and will . . . Read More
LGBTQ Discrimination Claims Under Title VII Likely to Increase in 2018 After Second Circuit Ruling
This week, the New York-based United States Court of Appeals for the Second Circuit became only the second federal appellate court to rule that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of an employee’s sexual orientation. The Second Circuit’s decision in Zarda v. Altitude Express is only binding on employers in New York, Connecticut, and Vermont. However, given the court’s influence and the changing tides on the issue, we anticipate the decision . . . Read More
Know Before You Bid on Contract Opportunities
Presented by Nichole Atallah and Peter Ford Click here to view the recorded session. Session Description: We often see what can go wrong in the bidding and procurement process long after a client submits a proposal or is awarded a contract. From awards challenged because companies did not confirm their set-aside status, to incorrect assumptions made about the cost of labor, mistakes made before you bid can be costly, and even devastating. This webinar discussed how businesses can proactively get out in . . . Read More
The Weekly Update for February 23, 2018
DEPARTMENT OF DEFENSE Contractors on Board with Defense Department Budget Request The defense contracting industry has had a positive reaction to President Donald Trump’s fiscal year 2019 Defense Department budget request. The requested $686 billion for fiscal year 2019 is the largest ever request for the Pentagon. The National Defense Industrial Association (NDIA) praised the administration for recognizing a growing defense spending need in the U.S. Spokesperson for NDIA, Evamarie Socha, stated, “NDIA welcomes the president’s fiscal year 2019 budget . . . Read More
SBA’s Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications
In a recent case with wide-ranging implications, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed the broad nature of SBA’s general rule that a contractor maintains its size and socio-economic status for the life of a contract. See In the Matter of Analytic Strategies, Inc., SBA No. VET-268 (Jan. 29, 2018) . As a quick primer, SBA regulations provide that, where a concern represented itself and qualified as small and/or for a certain socio-economic status (e.g., SDVOSB, HUBZone, EDWOSB/WOSB) at the time of its initial offer, it maintains that . . . Read More