The Weekly Update for April 22, 2016
DEPARTMENT OF LABOR Procedures for Handling Retaliation Complaints GOVERNMENT CONTRACTS GAO Proposes Rule to Create New Electronic Filing System and Fee This week’s report follows, click here if you would like to download a copy . DEPARTMENT OF LABOR Procedures for Handling Retaliation Complaints This rule establishes the final procedures and time frames for the handling of retaliation or whistleblower complaints under FDA Food Safety Modernization Act (FSMA), including procedures and time frames for employee complaints to the Occupational Safety and Health Administration, investigations by OSHA, appeals of OSHA determinations to an administrative law judge . . . Read More
GAO Proposes Rule to Create New Electronic Filing System and Fee
By Katie Flood On April 15, 2016, GAO released a proposed rule announcing its intent to create an electronic bid protest filing and document dissemination system. The proposed system will implement requirements of Section 1501 of the Consolidated Appropriations Act for Fiscal Year 2014, enacted on January 14, 2014. In the proposed rule, GAO outlines the basics of the system, which will be called the Electronic Protest Docketing System (EPDS). Once up and running, EPDS will be the sole means for filing . . . Read More
Key Employment Issues Affecting Tribal Entites
Presented by Nichole Atallah and Ambi Biggs
Data Rights Under Federal Government Contracts: What Are Data rights?
This article is the first installment in a series from PilieroMazza where we will walk through the various data rights clauses in the FAR and DFARS to explain how they are supposed to work, what they mean, and when to know which rules apply to a particular procurement. Data rights under federal government contracts create confusion from both the government and the contractor perspectives. There is substantial misunderstanding as to the purpose of the data rights regulations and the limits . . . Read More
Subcontracting Smart: Labor Relations and Subcontracting Plan Obligations Between Prime Contractors and Subcontractors
Presented by Nichole Atallah and Katie Flood
Negotiating the Landlord Services Provision of Your Office Lease
In negotiating an office lease, business owners should pay particularly close attention to the provisions detailing the services that the landlord will be required to provide and the terms and conditions regarding those services. Business owners often have significant negotiating power with respect to such provisions, and therefore have the potential to custom-fit the services that the landlord will be required to provide to the specific needs of their business. Landlord services that business owners should consider include: Heating and . . . Read More
Understanding the Impact of SBA’s New ITVAR Size Rule
Presented by Jon Williams and Cy Alba
Employer Policy Critical to Defense Against FMLA Liability
A well-crafted employer policy, and whether it was followed, is often just as important to the outcome of a dispute with an employee as the law itself. This is why attorneys constantly trumpet the need to update policies regularly and abide by them. There is no better example of this than a case recently decided by United States District Court for the Southern District of New York. In Graziadio v. Culinary Institute of America, et al., No. 13-cv-1082 (NSR) (S.D.N.Y . . . Read More
The Weekly Update for April 8, 2016
SMALL BUSINESS Clauses With Alternates—Small Business Programs GOVERNMENT CONTRACTS Prohibition on Use of Any Cost-Plus System This week’s report follows, click here if you would like to download a copy . SMALL BUSINESS Clauses With Alternates—Small Business Programs The Department of Defense (DOD) issued a final rule amending DFARS to clarify clauses and their prescriptions for small business programs and to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems. This final rule provides the basic clause at 252.219-7003, Small Business Subcontracting Plan in full text . . . Read More
Increased Suspensions and Debarments Bring Challenges for Small Business Contractors
By Alex Levine Newly released Department of Defense statistics show that the number of suspension and debarment actions initiated by defense agencies continue to rise, in some cases significantly. For example, in fiscal year 2015, the Army issued 456 debarments–a one year increase of 63 percent over the prior year. These numbers are indicative of a larger and continuing trend amongst federal agencies. Such agencies have increased their scrutiny on government contractors, resulting in greater suspension and debarment actions. Commentators . . . Read More