GAO Clarifies Rules Regarding the Use of Key Personnel Past Performance
In March 2015, GAO issued a decision in Recogniti, LLP, B-410658 (January 21, 2015), whereby it upheld the agency’s reliance upon individual past performance references for the owner of a small and relatively new company. GAO noted that the FAR allows agencies to credit a company for the past performance of an owner if that owner is proposed as a key employee for the work to be performed. As a follow-up to a blog article we wrote on this topic last year, we felt it necessary to point out another . . . Read More
VA Required to put Veterans First in Kingdomware Supreme Court Decision
In a big win for veteran-owned small businesses, the Supreme Court today ruled unanimously in favor of Kingdomware Technologies, Inc., in its case against the Department of Veterans Affairs (“VA”). Kingdomware had brought suit challenging the VA’s failure to set aside an order under the Federal Supply Schedule (“FSS”) for veteran-owned small businesses. In the ensuing litigation, the VA took the position that it was not required to reserve FSS orders for SDVOSBs or VOSBs because the mandates of the . . . Read More
How Much Disability Accommodation Leave Do You Have to Provide to Employees? Questions Remain Despite New EEOC Guidance
By Corey Argust For some time, federal courts have concluded that granting leave to an employee may be a reasonable accommodation for a disability under the Americans with Disabilities Act (“ADA”). On May 9, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding when and how employers must grant leave under the ADA. The guidance marks the first time since 2002 that the EEOC has provided additional insights on the often-confusing requirements for providing leave to employees . . . Read More
No Advance Notice is Required to Terminate At-Will Employment in Virginia
By Ambi Biggs On June 2, 2016, the Virginia Supreme Court resolved a split among the lower courts and the federal district courts in Virginia regarding the notice employers are required to provide at-will employees prior to terminating them. In Johnston v. William E. Wood & Associates, the plaintiff worked at a real estate services firm for 17 years as an at-will employee. When her employer terminated her without any advance notice, she brought suit, alleging that she was wrongfully discharged . . . Read More
The Weekly Update for June 10, 2016
GOVERNMENT CONTRACTS OMB Issues Final Guidance for Category Management Amendments Proposed for 2017 NDAA SBA Releases Semiannual Regulatory Agenda This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS OMB Issues Final Guidance for Category Management Final guidance from the Office of Management and Budget (OMB) last week has accelerated the push for government-wide consolidation of acquisitions for software licenses. Part of the so-called “category management” initiative, the government’s goal is to eliminate redundancy in software licenses and make the buying and managing of software management more efficient and unified by grouping similar products into categories. OMB’s . . . Read More
Client Alert – Overview of Select Provisions on the SBA’s Final Rule of Limitations on Subcontracting
On May 31, 2016, SBA released its long anticipated final rule on the limitations on subcontracting. The final rule becomes effective on June 30, 2016. In order to help you understand how the final rule changes the existing regulations, we have prepared a chart of the major regulatory changes announced in the new rule which accompanies this letter In the final rulemaking, SBA adopted most of the changes announced almost a year and half ago in its proposed rule . . . Read More
The DOJ’s Enforcement of Small Business Regulations – Tony Franco, Set-Aside Alert
Contracting Globally – Part 1: Export Administration Regulations
By Kimi Murakami The potential for government contractors to grow and become successful outside of the U.S. is tremendous and should not be overlooked by small businesses. The world outside our borders is a critical marketplace that should be considered as part of the growth strategy for domestic companies. According to the International Trade Administration of the U.S. Department of Commerce: more than 70 percent of the world’s purchasing power is located outside of the United States companies that export . . . Read More
What is Technical Data and How Do You Protect It
This article is the second installment in a series on Data Rights in Federal Contracts. We first wrote about what data rights were . In this second installment, we will discuss the first contractor-produced item in which the government often takes rights that extend long after contract close-out: “non-commercial technical data.” Technical data, as defined by the FAR, is “recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).” See FAR 52.227-14; DFARS 252.227-7013. . . . Read More
The Weekly Update for June 3, 2016
GOVERNMENT CONTRACTS Small Business Government Contracting and National Defense Authorization Act of 2013 This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Small Business Government Contracting and National Defense Authorization Act of 2013 This final rule amends the U.S. Small Business Administration’s (SBA or Agency) regulations to implement provisions of the National Defense Authorization Act of 2013, which pertains to performance requirements applicable to small business and socioeconomic program set-aside contracts and small business subcontracting. This rule also amends SBA’s regulations concerning the nonmanufacturer . . . Read More