Taking Advantage of the DBE Program in Today’s Environment
Presented by Tony Franco and Jackie Unger Click here to view the recorded session.
DOT’s DBE Program Helps Promote Growth
The U.S. Department of Transportation (“DOT”) Disadvantaged Business Enterprise (“DBE”) Program provides opportunities for small businesses, owned and controlled by socially and economically disadvantaged individuals, Tribes and Alaska Native Corporations, to participate on federally-assisted highway, transit, and aviation projects. In addition to setting a goal that at least 10% of such contracts go to certified DBEs, the DBE Program provides related opportunities to assist DBEs with business development. Large businesses and non-DBE eligible contractors seeking to do work on DOT-funded . . . Read More
The Weekly Update May 19th, 2017
DEPARTMENT OF VETERANS AFFAIRS Proposed Rule to Revise and Streamline VA Acquisition Regulation To Adhere to Federal Acquisition Regulation Principles The Department of Veterans Affairs (“VA”) is proposing to amend and update its VA Acquisition Regulation (“VAAR”), to revise or remove any policy that has been superseded by changes in the Federal Acquisition Regulation (“FAR”), to remove any procedural guidance that is internal to the VA, and to incorporate any new regulations or policies. This proposed rule will correct inconsistencies, . . . Read More
Announcement of New Partners
It is our pleasure to announce that Nichole D. Atallah and Peter B. Ford has become partners of the firm Ms. Atallah heads the firm’s Labor and Employment practice group. Her knowledge of labor laws in the government contracting setting and her business friendly, common sense approach to complex problems, instills confidence and respect. Ms. Atallah also works with our Litigation group and zealously defends clients faced with a wide range of lawsuits and claims, from wrongful termination to contract . . . Read More
New CVE Guidance on Joint Ventures and Mentor-Protégé Relationships
Earlier this month, the VA’s Center for Verification and Evaluation (“CVE”) published a new VA Verification Assistance Brief, Understanding Joint Venture and Mentor-Protégé Agreement Eligibility (“Assistance Brief”). The Assistance Brief explains the criteria that make a joint venture (“JV”) eligible for verification and inclusion in the VA VetBiz Vendor Information Pages (“VIP”) database, which is helpful given that the VA’s regulations, specifically 38 C.F.R. Part 74, say very little in terms of how a JV can be verified by CVE . . . Read More
Navigating Your DBE Certification
The Department of Transportation’s (“DOT”) Disadvantage Business Enterprise (“DBE”) program is not as well-known as the Small Business Administration’s (“SBA”) 8(a) and other small business programs, but it offers an excellent opportunity for eligible small businesses to expand their reach into state and local markets. The DOT requires that state and local agencies that receive DOT funding spend at least 10 percent of funds for certain projects on contracts with certified DBEs, which include woman- and minority-owned businesses. The DOT . . . Read More
The Firm Fixed Myth
In November of last year, I prepared a blog article about a specific clause that started appearing in firm-fixed-price contracts with various agencies which allowed them to reduce the price paid to the contractor based upon any absence, regardless of how short or the reason for the absence. Since that time, we have been assisting more and more clients in situations where the government is demanding discounts or refunds on firm-fixed-price contracts. Given this fact I believe it would be . . . Read More
GAO Finds NIH Failed to Refer SDVOSB Offeror’s Capability to SBA
In a recently published GAO decision , GAO sustained a SDVOSB’s protest of its exclusion from the competitive range by NIH under the CIO-SP3 SB GWAC procurement. The CIO-SP3 SB RFP required an evaluation of proposals in two phases. NIH evaluated offerors in Phase 1 under four “Go/No-Go” requirements, including factor 2, management approach, subfactor 1, domain-specific capability in a health-related mission. NIH found the protester’s proposal unacceptable under this factor/subfactor because the protester’s proposal was “not sufficient to demonstrate inherent capabilities . . . Read More
Managing the Competing Obligations of the FMLA and ADA
An employee asks for over 12 weeks of leave for an illness under the Family and Medical Leave Act (FMLA)—does this also constitute a request for accommodation under the Americans with Disabilities Act (ADA)? The interplay between the ADA and the FMLA presents significant challenges for employers as the company grows. Employers with more than 15 employees must comply with the ADA, while employers with more than 50 employees must comply with both the ADA and the FMLA. Both require . . . Read More
The Weekly Update May 5, 2017
LABOR & EMPLOYMENT Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness Under the Congressional Review Act, Congress has passed, and the President has signed, Public Law 115-21, a resolution of disapproval of OSHA’s final rule titled, “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of each Recordable Injury and Illness.” OSHA published the rule, which contained various amendments to OSHA’s recordkeeping regulations, on December 19, 2016. . . . Read More