Weekly Update for Government Contractors and Commercial Businesses – October 29, 2019

If you have questions concerning the content below, please visit this link . NATIVE AMERICAN LAW Emerging Issues in Native 8(a) Contracting The House Committee on Small Business, Subcommittee on Investigations, Oversight, and Regulations held a hearing titled, “Native 8(a) Contracting: Emerging Issues.” Recognizing the positive impact that the Small Business Administration’s (SBA) 8(a) program could have on tribal communities living in devastating poverty with little to no economic opportunity, Congress created the exceptions in the law for enterprises owned communally by tribes, Alaska . . . Read More

BLOG: Microsoft Upsets Amazon in Winner-Take-All Award of Defense Department’s JEDI Contract

On October 25, 2019, the Department of Defense (“DoD”) issued an award of its $10 billion Joint Enterprise Defense Infrastructure (“JEDI”) cloud computing contract to Microsoft, beating out Amazon Web Services (“AWS”), the long-time favorite to receive the award. DoD’s decision has come as a shock to most federal procurement experts and cloud service providers (“CSPs”), as many believed JEDI was tailor-made for AWS based on the contract’s advanced technical standards, as well as its stringent security certification requirements.  The . . . Read More

Government Matters Interviews PilieroMazza’s Lauren Brier on JEDI Cloud Contract Award

Oracle’s bid protest criticizing the Pentagon’s procurement process for the $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud system contract could set the stage for future additional protests. On Sunday, October 27, 2019, Government Matters interviewed PilieroMazza ‘s Lauren Brier on the JEDI contract and its potential impact on federal procurement and the IT industry.  Ms. Brier, a member of the Firm’s Government Contracts Group , was joined by fellow panelists Stan Soloway, President and CEO of Celero Strategies and Roger Waldron, President of The Coalition . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 22, 2019

If you have questions concerning the content below, please visit this link . LABOR & EMPLOYMENT LAW DoL Collected a Record Amount in Discrimination Settlements in Fiscal Year 2019 According to Bloomberg Government, the Department of Labor (DoL) collected more than $27 million from federal contractors like Goldman Sachs, Dell, and Bank of America in fiscal year 2019 workplace discrimination settlements—a new record for the agency. Bloomberg Law indicated that settlement totals, which include back pay and interest for job applicants and workers, increased by . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 17, 2019

If you have questions concerning the content below, please visit this link . LITIGATION & DISPUTE RESOLUTION The Supreme Court Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses, October 10, 2019, Patrick Burns For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being performed. Class actions are commonly thought of as involving hundreds, if not . . . Read More

BLOG: Helping Government Contractors Prevent Unwarranted Tax Liabilities in Afghanistan

On September 20, 2019, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”), published a document proposing to amend the Federal Acquisition Regulation (“FAR”) to add two new clauses that notify contractors about the exemptions from liability for Afghanistan taxes, customs, duties, fees or similar charges. Comments for the proposed rule will continue to be accepted on or before November 19, 2019. Small and large government contractors performing in Afghanistan need to ensure . . . Read More

BLOG: A Thank You to the Small Business Administration: SBA Takes a Stand on OIG’s Approach to Suspension and Debarment

The ability to suspend and debar contractors is a tool the federal government can deploy when necessary to protect it from unscrupulous contractors. Critically, it is not intended to be used punitively. The reason for this is clear, especially when dealing with small businesses: if you debar or suspend a company without evidence that it is not a responsible contractor, you risk destroying part of the United States’ industrial base and numerous jobs that Americans rely on without good cause. Too often . . . Read More

Kathryn Hickey Guest Blogs “Simplifying the Complex World of Employee Incentive Plans” on Deltek’s Government Contracting Blog

“How do I keep my employees from leaving? Talent is so hard to find and retain!” These are comments we hear all the time from clients struggling to compete for talent in a pool that is growing ever more competitive. It can be overwhelming and confusing to consider the many options available—cash bonus plans, broad-based qualified plans, stock options, restricted stock, stock appreciation rights, phantom stock. Which is right for you and your company? To read the full blog, please . . . Read More

BLOG: Government Contractor Acquisitions and Clearances: Deal Structure Matters

Our Corporate and Government Contracts attorneys often counsel contractors interested in acquiring an entity with a clearance or assets used on a classified contract. The clearance is a consideration in the transaction that cannot be overlooked. Indeed, the clearance is often one of the seller’s most important “assets.” Buyers and sellers alike should be aware of the National Industrial Security Program Operating Manual (“NISPOM”) requirements. For instance, if the acquisition is a stock purchase and the buyer holds the acquired firm as . . . Read More