Section 809 Panel's Recommendations on Bid Protests May Cause Major Headaches for Contractors

May 25, 2018
By Isaias Alba IV and Kathryn M. Kelley
Published by Set-Aside Alert Newsletter: In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to streamline and improve the Department of Defense's (DOD) acquisition process. The Section 809 Panel issued the first volume of its report in January 2018. The second volume, slated for release in June 2018, may include sweeping recommendations for a drastic overhaul of the bid protest process for DOD procurements. While a successful offeror on any given procurement may stand to benefit from these significant changes, overall, this potential overhaul does not bode well for contractors and would undermine the integrity of the procurement process.

OFCCP Announces Commitment to Training and Transparency: Can They Deliver?

May 11, 2018
By Nichole D. Atallah
Published by Set-Aside Alert Newsletter: The Office of Federal Contract Compliance Programs ("OFCCP") is a federal agency charged with ensuring that approximately 200,000 federal contractors refrain from discrimination and take affirmative action to provide equal employment opportunities for certain protected classes of workers. In recent years OFCCP has developed a reputation as being difficult to work with to resolve concerns and differences arising out of compliance audits. Additionally, compliance requirements under the jurisdiction of the OFCCP are generally not well understood.  On May 1 , OFCCP took the first step in changing these perceptions by announcing its action plan to provide contractors with more compliance information and training and committing to more transparent investigations ("Action Plan").

Multiple-Award Contracts - Path to Growth or Punishment for Success?

April 13, 2018
By Pamela J. Mazza
Published by Set-Aside Alert Newsletter: Size and status representations for task orders issued under MultipleAward Contracts (MAC) and schedules have become a controversial and complex issue. Generally, the Small Business Administration's (SBA) size rules state that representations made at the time of initial offer are valid throughout the life of a contract. This means that all representations made with respect to a MAC will be valid for each order issued against the contract, unless a contracting officer requests recertification in connection with a specific order.

Impact of Recent OHA decision on Size and Status Recertifications

March 16, 2018
By Samuel S. Finnerty
Published by Set-Aside Newsletter: The new year brought a ruling from the Small Business Administration's Office of Hearings and Appeals (OHA) clarifying the effect of SBA's recertification rules. These rules require recertification of size or socio-economic status within 30 days of an approved contract novation, merger, sale, or acquisition, and every five years for any long-term contract exceeding five years.

Do Millennials Pose a Retention Risk? According to GAO, It’s Reasonable For Agencies to Consider It

March 6, 2018
By Isaias Alba IV
Published by Set-Aside Newsletter: The common assumption is that Millennials move quickly between jobs, never truly laying down roots for the long-term. The United States Government Accountability Office (“GAO”) conducted its own study, which focused on employee engagement and attrition, and found slightly higher rates of attrition for Millennials, which decreased as groups increased in age, which, for the oldest of the millennial groups, was only a 1.3% different from non-millennial groups.
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