Kingdomware Oral Arguments—Remand to Lower Courts Is a Possibility
“Yeah, it’s a contract,” conceded Department of Justice (“DOJ”) attorney Zachary Tripp during recent oral arguments in Kingdomware Technologies Inc. v. United States. According to Tom Saunders, attorney for Kingdomware, that concession should begin and end the case currently before the Supreme Court on the issue of whether the Department of Veterans Affairs (“VA”) is required to set-aside awards for Veteran-Owned Small Businesses and Service-Disabled Veteran-Owned Small Businesses when ordering from the Federal Supply Schedules (“FSS”). Unfortunately for Kingdomware—and the . . . Read More
Five Reasons to File a Size Protest
Small business government contractors are sometimes resistant to the idea of filing size protests against their competitors. How much time and effort will it take? Is there enough evidence? Will the agency be offended? These are the types of questions that small business owners often ask themselves in deciding whether to challenge the size status of an apparent awardee and, in some instances, the answer to any one of them may justify a decision not to file a size protest. . . . Read More
Time for A Check Up of Your Firm’s Compliance with Government Contracting Standards
Some of you may recall that, back in the 1970s, the legendary actor John Wayne appeared in public service announcements urging people to undergo a “check-up.” Now that the New Year has begun, it is a good time for small government contractors to undertake a “check-up” of their government contracting representations and certifications, as well as ethical compliance programs, to make sure they are still up to date. To begin, firms that pursue federal small business set-aside procurements should review, . . . Read More
SBA Closes the Door on Resellers of Major Commercial Software
On January 26, 2016, SBA issued its final rule regarding proposed size standard increases to numerous NAICS codes, but one thing that could impact many IT contractors is the new requirement and/or clarification from SBA that IT Value Added Resellers (“ITVAR”) under the footnote/exception to NAICS Code 541519 do have to comply with the nonmanufacturer rule when reselling software under that code. This change does not impact those ITVAR contractors who perform on contracts where the largest portion, by dollar . . . Read More
The SBA’s Final Rule on the 8.73 Percent Inflationary Adjustment to the Monetary-based Size Standards can be Confusing
On January 25, 2016, the Small Business Administration (“SBA”) issued a final rule, effective immediately, adjusting the monetary-based size standards for inflation by 8.73%. While this final rule may suggest that the size standards have been increased again following the increase that went into effect in 2014, it actually reflects the same adjustment the SBA made in 2014, when an interim final rule was issued increasing the size standards. Thus, firms interested in pursuing set-asides under the revenue-based size standards . . . Read More
Creativity and Controlled Risk: A Recipe for a Successful M&A Transaction
One prevailing theme in merger and/or acquisition (M&A) transactions is risk allocation. How much risk is either the buyer or seller willing to assume? And, separately, what level of risk must either party assume in order to get the deal done? Assuming neither party has all the negotiating leverage, both parties will need to take on some amount of risk. There is a life adage that says “time heals all wounds.” In M&A transactions, however, the opposite is true; and, . . . Read More
No Excuses for Untimely Proposal Submissions – Even if it’s Not Your Fault
We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely . In line with these decisions, GAO has again demonstrated its strict enforcement of solicitation instructions and deadlines in Matter of: Advanced Decisions Vectors, Inc., B-412307 (Jan. 11, 2016) by denying a bidder’s challenge to the Department of Homeland Security’s (DHS) decision not to consider the bidder’s quotation because the quotation was not received by the solicitation’s deadline. In Advanced Decisions Vectors, DHS issued an RFQ through the GSA’s e-Buy system to vendors holding contracts under the MOBIS . . . Read More
The Nuts and Bolts of a Labor and Employment Compliance Audit
This article is the final installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Over the last few weeks, we have written about significant changes in labor compliance in 2016. In addition to being prepared for those challenges, employers should consistently evaluate their employment policies and practices to ensure compliance with the complicated web of labor and employment laws at the federal, state, and . . . Read More
Labor Compliance to Affect Contractor Eligibility For Awards of Federal Contracts in 2016
This article is the second installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Contractors pursuing federal work have a host of legal compliance responsibilities and that list keeps getting longer. Recently, the White House has focused on labor regulation initiatives including executive orders addressing sexual orientation and gender identity, minimum wages, equal pay, pay transparency, sick leave, and general labor compliance. This is . . . Read More
When Snow Days Impact Employers: Balancing Inclement Weather and the FLSA
By Julia Di Vito Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees during inclement weather events. The answer depends on the applicability of the Fair Labor Standards Act (FLSA) to the contractor’s employees. Employees who are not exempt from the overtime requirements of the FLSA and who are paid on an hourly . . . Read More