Cybersecurity Update
Last month many of you listened to the webinar Jon Williams and I did regarding the December 31, 2017, deadline to comply with the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) 252.204-7012 and how to implement the security controls set forth in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171. Now that the deadline has passed and we’ve entered into a new era of being compliant with the rules, we thought it would be a . . . Read More
Defining “Unconditional” Ownership and Control of SDVOSBs: SBA Proposes to Relax Ownership and Control Requirements
Recently, we wrote about the VA’s proposed rule to eliminate its own ownership and control criteria for SDVOSB and VOSB eligibility under the Vets First contracting program. The proposed rule stems from Congress’ mandate in the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) that SBA be the sole agency responsible for issuing regulations relating to the ownership and control of SDVOSBs and VOSBs. On Monday, the SBA released a proposed rule regarding the sole definition of ownership and control that would apply . . . Read More
Don’t Get Lost Filing and Prosecuting CDA Claims
Although the Contract Disputes Act (“CDA”) is intended to provide an efficient way for contractors to resolve disputes with the Government, contractors often encounter difficulties when submitting and prosecuting CDA claims. A claim may not satisfy the CDA’s requirements, such as providing a certification or requesting a final decision. Or, a contractor may face problems at the appeal stage due to jurisdictional issues. A recent decision from the Federal Circuit, Securiforce International America, LLC v. United States, Nos. 2016-2586, 2016-2633 (Fed. Cir. Jan. 17, 2018) , provides a good reminder on some of these issues. . . . Read More
How to Tell Your Customer “Hands Off My Workforce!”: Understanding Your Rights as a Government Contractor
I need this project completed by next week! We decided to move your offices down two floors. Can you work through the weekend? Most contractors are used to their government customers’ idiosyncratic preferences. Satisfying the customer’s needs is par for the course. But at what point does a government official’s overbearing nature change from inconvenient to impermissible? This is a question we’ve been hearing more and more often from our clients. As a rule, the government is not supposed to . . . Read More
The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home
With a possible federal government shutdown looming, many government contractors will face difficult employment decisions. If your company could be facing these decisions, keep in mind the following labor and employment issues that could expose the company to liability: 1. Don’t risk exemptions under the Fair Labor Standards Act (FLSA): Employers should exercise caution so as not to risk losing an employee’s exempt status that may trigger liability for overtime hours the employee worked prospectively and retrospectively. An exempt, salaried employee . . . Read More
And the False Claims Act Makes Three – 3rd Circuit Applies the More Employer-Friendly Title VII Retaliation and ADEA “But-for” Test in Determining Whistleblowing Retaliation Claim
She was a director of marketing for a drug company who had received a performance improvement plan to address issues related to her relationships with co-workers and supervisors. But she had also raised concerns about the company’s purported “off-label” use of drug products, which is the unapproved use of an approved drug or the use of a drug for purposes other than those that have been approved by the FDA. She eventually resigned and later alleged that she was constructively . . . Read More
The VA Proposes to Align Vets First Ownership and Control Eligibility Criteria with the SBA’s Regulations
On January 10, 2018, the VA issued a proposed rule to eliminate its own ownership and control criteria for SDVOSB and VOSB eligibility under the Vets First contracting program, in order to align ownership and control requirements with the SBA’s SDVOSB program regulations. The proposed rule implements Congress’ mandate in the 2017 National Defense Authorization Action (“NDAA”) that the SBA be the sole agency responsible for the establishment of ownership and control requirements governing SDVOSB and VOSB eligibility. In an attempt to . . . Read More
New Tax Bill: Areas of Interest for Small Businesses
The Tax Cuts and Jobs Act of 2017 (the “Act”) provides the most comprehensive tax reform in more than three decades. Small and medium business owners will find that the Act reduces their total taxes both on an entity and an individual level, while also creating tax incentives to spend on capital expenditures through accelerated depreciation of both used and new property. Here are some highlights from the Act. Tax Rates on C Corporations and Pass-Through Entities The change in . . . Read More
Intern or Employee? DOL Adopts Courts’ “Primary Beneficiary” Analysis for Determining When Your Unpaid Intern Will Be Deemed an Employee Under the FLSA
The use of unpaid interns is a common practice across many industries, especially in the D.C. Metro area. And the question recently addressed by the Ninth Circuit is not a new one: under what set of circumstances does an unpaid intern in the private sector cross the line and become an employee under the Fair Labor Standards Act (“FLSA”) and thus become entitled to compensation? Since 2010, the Department of Labor (“DOL”), when grappling with this question, has applied a . . . Read More
Enhanced Post-Award Debriefing Requirements Included in Final Version of FY 2018 NDAA
We recently wrote about enhanced post-award debriefing requirements included in the Senate’s version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 [ read article here ]. The final NDAA signed into law on December 12, 2018, incorporates many of the changes from the Senate version, though the changes are not as burdensome on the Department of Defense (“DoD”) in the final NDAA. For instance, the final NDAA requires a written or oral debriefing for all contract and task order awards . . . Read More