Any contractor who has been subject to a Department of Labor (“DOL”) investigation knows what unease feels like, even if there is no reason to believe the company will be subject to liability. One of the first questions we get as we help companies maneuver the process is “what are the consequences if DOL does find something wrong?” For companies that quickly realize there might be a problem, this question is even more poignant. Last month FPMI Solutions, Inc. (“FMPI”), . . . Read More
It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential affiliations that could affect your size and status. With that in mind, I want to share some information about how affiliation can arise through loans. Specifically, loans from a private party (i.e., an individual or a company, not a bank). SBA . . . Read More
CAPITOL HILL “Serving Small Businesses: Examining the Effectiveness of HUBZone Reforms” House Small Business Committee Press Release, September 13, 2017. Retrieved from smallbusiness.house.gov The House Small Business Committee heard from small businesses within the Small Business Administration’s (SBA) Historically Underutilized Business Zones (HUBZone) program. Specifically, the Committee heard testimony on H.R. 3294, the “HUBZone Unification and Business Stability Act,” introduced by Ranking Member Nydia Velazquez (D-NY) and Chairman Steve Chabot (R-OH). SMALL BUSINESS ADMINISTRATION “SBA Awards $5 Million in PRIME Grants . . . Read More
Contractors are often confused after receiving a debriefing during which the Government states the contractor’s proposed price was too low. The disappointed offeror wonders, why would the Government want to pay a higher price? On the other hand, a disappointed offeror may learn that the awardee proposed a substantially lower price and want to use that low price as a protest ground in a bid protest. This type of protest can only be brought if the agency was required to . . . Read More
GOVERNMENT CONTRACTS Department of Veterans Affairs Withdrawal of Proposed Rule. Federal Register, September 1, 2017. Retrieved from federalregister.gov The Department of Veterans Affairs (VA) published a rule in the Federal Register on November 6, 2015, 80 FR 68795, which proposed amending its regulations governing its Veteran-Owned Small Business (VOSB) Verification Program. The proposed rule sought to clarify the eligibility requirements for businesses to obtain “verified” status, added and revised definitions, reordered requirements, redefined ‘‘control,’’ and provided explanations for information on VA’s . . . Read More
In a decision issued on August 31, 2017, federal district Judge Amos Mazzant struck down as invalid the Department of Labor’s (DOL) new overtime exemption rule which planned to significantly increase the salary threshold under the Fair Labor Standards Act (FLSA). As explained further below, a welcome decision for employers is also leaving DOL’s path toward a new overtime threshold in question. As most know, the FLSA requires that employers pay non-exempt employees overtime for any hours worked beyond . . . Read More
Having just presented on data rights issues to a number of government contracting officers and procurement professionals, as well as private sector contract management personnel, during the 2017 National Contract Management Association World Congress, it became clear that many people are confused (and rightly so) about what is happening with regard to the segregation and reintegration rules. Given that it took four years to get the first DFARS rule proposed, and then, in the 2017 National Defense Authorization Act (“NDAA”), . . . Read More
Nearly every federal agency is required to follow the Federal Acquisition Regulation (“FAR”). However, one exception is the Federal Aviation Administration (“FAA”), which is not required to comply with the FAR but rather has its own policies and procedures, called the Acquisition Management System (“AMS”). As a result, unlike most bid protests, which may be brought either at the agency-level, Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”), protests against the FAA contract awards (or solicitations) must . . . Read More
