BLOG: An Agency’s Corrective Action Decision Is Not Immune to Protest—What Does It Take to Win?
Corrective action is a common outcome of a bid protest. Indeed, the U.S. Government Accountability Office (GAO) reported that 29% of the protests filed in FY 2018 resulted in corrective action. If you are a protester, that may be great news. In the case of a post-award protest, it likely means that you have another shot at award. However, if you are an intervenor, it means the agency chose not to defend your award, and you could lose the contract. . . . Read More
BLOG: Thinking of Forming a Mentor-Protégé Joint Venture? Timing Matters
If you are thinking of forming a mentor-protégé joint venture to pursue a particular set-aside contract, it is critical that your timing has enough built-in cushion to ensure that all of the necessary approvals and entity-formation steps are accomplished before you submit your proposal. There is a fairly rigid sequencing of the steps involved in putting together the mentor-protégé application and subsequent joint venture agreement—make sure you do not fall into the trap of skipping a step, or otherwise you may put . . . Read More
BLOG: The Relationship Between Privacy and Trust
Recently, there has been an advertisement running during March Madness from Apple that is all about privacy. If your household has been watching as much college basketball as mine has, then you’ve likely seen it. It’s a minute full of real-world examples of how people value their personal privacy. None of those examples are particularly significant but, in the aggregate, it shows that this remains an issue that people are deeply concerned about. That concern, of course, is then applied . . . Read More
BLOG: Could You Be the Target of a Government Claim?
Most contractors know that they may submit a claim under the Contract Disputes Act (CDA) if a problem arises during performance. However, many contractors are not aware that the government also has the ability to bring a claim. Likewise, contractors may not understand the options for responding to a government claim. Given the potential gravity of a government claim, these are issues contractors should be aware of. To begin, you may be wondering what types of claims the government may bring. . . . Read More
BLOG: New IRS Requirements for EIN Applications Go Into Effect May 13, 2019
As we have all been scrambling to get our taxes completed this month, a new IRS requirement may have been overlooked that goes into effect on May 13, 2019. This new requirement impacts the process by which any new entity (including sole proprietorships, partnerships, limited liability companies, trusts, and corporations) can apply for an Employer Identification Number (EIN), the 9-digit identification number assigned to entities for tax filing and reporting purposes. The new requirements will impact all of our clients engaged . . . Read More
EEOC Announces New EEO-1 Pay Data Reporting Deadline
September 30, 2019, marks the newly announced deadline for employers who submit annual EEO-1 reports to report employee 2018 pay data to the Equal Employment Opportunity Commission (EEOC). The EEOC revealed the new deadline in a federal court submission last week. The judge in the case will still need to approve of the EEOC’s plan before it becomes the official cutoff date. Employers with 100 or more employees and federal contractors with 50 or more employees (and a contract or . . . Read More
When Cybersecurity Is a Hot Topic, GSA Expands Its Cybersecurity Service Offerings
The General Services Administration (GSA) recently expanded its cybersecurity service offerings for federal, state, and local governments. Specifically, GSA worked in collaboration with the Department of Homeland Security and the Office of Management and Budget to develop IT Schedule 70’s Highly Adaptive Cybersecurity Services (HACS) Special Item Number (SIN) 132-45 to make it easier for agencies to procure quality cybersecurity services. HACS SIN 132-45 on IT Schedule 70 is intended to provide agencies quicker access to support services from technically evaluated . . . Read More
Following COFC Decision, GSA Rescinds Alliant 2 Small Business Awards
On March 26, 2019, the General Services Administration (“GSA”) posted a notice on FedBizOpps that it was taking corrective action in response to the recent Court of Federal Claims (“COFC”) decision in the bid protest of Citizant, Inc. v. United States, No. 18-856C (Mar. 25, 2019). As part of that corrective action, GSA rescinded all 81 of the Alliant 2 Small Business (“A2SB”) contracts it awarded in February 2018. A2SB, issued under Solicitation No. QTA0016GBA0002 in June 2016, is a governmentwide . . . Read More
Cybersecurity’s Increasing Impact on Prime Contract and Subcontract Awards
Since last year, I have been writing about the increasing impact of cybersecurity on contract awards. DoD has issued guidance on how it will evaluate system security plans, and it has indicated that, along with cost, schedule, and performance, cybersecurity is the “ fourth pillar ” of its acquisitions. As a result, contractors need to shift their view of cybersecurity compliance as a cost center to a business driver and an increasingly important factor in gaining a competitive advantage. The momentum has continued . . . Read More
DoD Proposes to Apply Non-Manufacturer Rule to All 8(a) Contracts
Nearly three years ago, the U.S. Small Business Administration (“SBA”) issued a final rule that standardized the limitations on subcontracting and the non-manufacturer rule (“NMR”) that apply to small business concerns, including participants in SBA’s 8(a) Business Development Program. In a step toward regulatory conformity, the Department of Defense (“DoD”) is now proposing to implement the revised NMR for 8(a) participants that contract with DoD. These entities should familiarize themselves with the proposed rule (“Rule”), which is summarized below. As a brief background, the . . . Read More