SBA Announces New WOSB Online Portal
By Josh Humi Recently, the Small Business Administration (“SBA”) announced a new online portal to serve women-owned small businesses (“WOSBs”). The new portal allows WOSBs to manage their SBA-related documents, complete SBA application forms online, and receive notices of deadlines. In addition, the new portal supports self-certifications for WOSBs. SBA will be transferring existing repository documents to the new online portal, so WOSBs will not need to re-submit documents which they have already submitted to SBA. Furthermore, SBA is now managing all WOSB requirements through . . . Read More
Senate Armed Services Committee Releases 2017 NDAA Bill with Big Changes for GAO Protest Costs
By Julia Di Vito On May 12, 2016, the U.S. Senate Armed Services Committee (“SASC”) completed its markup of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2017. Several of the SASC’s changes to the NDAA address the costs of bid protests at the GAO, and appear to be aimed at limiting the number of protests filed regarding Department of Defense (“DOD”) procurements. Specifically, the SASC’s version of the NDAA would add a new section to Chapter 137 of . . . Read More
The Weekly Update for May 20, 2016
LABOR AND EMPLOYMENT Overtime Final Rule GOVERNMENT CONTRACTS Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations Basic Safeguarding of Contractor Information Systems Improvement in Design-Build Construction Process SMALL BUSINESS Small Entity Compliance Guide Civil Penalties Inflation Adjustments This week’s report follows, click here if you would like to download a copy. LABOR AND EMPLOYMENT Overtime Final Rule The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”) exemption to ensure that the Fair Labor Standards Act’s intended overtime protections . . . Read More
How Many of Your Employees Will Now Be Entitled to Overtime? DOL Doubles Salary Requirements for Exempt Employees
We’ve been waiting for months for the Department of Labor (“DOL”) to release its final regulations making changes to the Fair Labor Standards Act (“FLSA”) overtime exemptions, Part 541, and today, the wait came to an end. As expected, the final rule includes a significant increase in salary threshold and a method to automatically increase the threshold every three years. Following are the highlights you need to know to be the master of the watercooler (or staff meeting) this week . . . Read More
Bid Protest Strategy: What Every Contractor Needs to Know
Presented by Jon Williams and Michelle Litteken
Missing a Wage Determination in a SCA-Covered RFP? Ask for It.
By Megan Connor I recently participated in a webinar regarding Service Contract Act (“SCA”) compliance and during the webinar, a number of participants noted instances where a request for proposal (“RFP”) or solicitation did not include the relevant wage determination (“WD”), even though the agency otherwise incorporated the SCA clauses into the RFP. If you face a similar circumstance, you should be aware of your rights. First, the applicable regulations make clear that contracting officers—not contractors—are required to determine if the . . . Read More
Our Comments in Response to the GAO’s Proposed Rule Regarding Electronic Filing System and Filing Fee
Read our full comments here Excerpts Filing Fee The new rule envisions imposing a filing fee of $350 on protesters. We respectfully request that an exception to the fee be created for small businesses, as defined under the Small Business Act, in order to mitigate against the burden of this requirement. Redactions While we concur with the creation of a rule providing for a redaction process, we respectfully request that the rule allow the parties to opt out of creating redacted versions of protest documents . . . Read More
Comments on Proposed Rule Regarding Electronic Filing System and Filing Fee
Includes comments on: Filing Fee Redactions
The Weekly Update for May 13, 2016
GOVERNMENT CONTRACTS DFARS: Multiyear Contract Requirements Administrative Cost to Issue and Administer a Contract DEPARTMENT OF LABOR Combating Trafficking in Persons – Definition of ‘‘Recruitment Fees’’ Improving Tracking of Workplace Injuries and Illnesses This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS DFARS: Multiyear Contract Requirements DOD issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act for Fiscal Year 2015 and a section of the Department of Defense Appropriations Act, 2015, which addresses various requirements . . . Read More
Eight Principles You Should Know When Negotiating Your Teaming Agreement
By Michelle Litteken As the saying goes, “two heads are better than one.” This statement often applies to government contracting, where contractors frequently work together in joint ventures or prime and subcontractor teams to bid on and perform contracts. Teaming with another contractor may help a contractor enter new markets, support new customers, and develop a deeper past performance record. And, teaming with a participant of one of the Small Business Administration’s (“SBA”) set aside programs (e.g., 8(a), HUBZone, or . . . Read More