The Weekly Update December 23, 2016
GOVERNMENT CONTRACTS Payment of Subcontractors The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (‘NASA”), have issued a final rule amending the Federal Acquisition Regulation (“FAR”) to implement a section of the Small Business Jobs Act of 2010. This statute requires contractors to notify the contracting officer, in writing, if the contractor pays a reduced price to a small business subcontractor or if the contractor’s payment to a small business subcontractor is more than . . . Read More
Paid Sick Leave and Part of Fair Pay, Safe Workplaces in Effect January 1
Before you start in on the eggnog, keep in mind that the following rules, released just last week, are of importance to certain federal contractors and will be applicable as of January 1, 2017. Paid Sick Leave for Contractors The FAR Council issued its interim rule on December 16 implementing the final rule issued by the Department of Labor. Federal contractors will be required to provide one hour of paid sick leave for every 30 hours worked, for up to . . . Read More
The Weekly Update December 16, 2016
GOVERNMENT CONTRACTS Paid Sick Leave for Federal Contractors The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) have issued an interim rule revising the Federal Acquisition Regulation (“FAR”) to implement Executive Order 13706 (the “E.O.”), Establishing Paid Sick Leave for Federal Contractors. The E.O. seeks to increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that employees on those contracts can earn up . . . Read More
Mentor-Protégé Joint Venturing: Friend or Foe?
With the arrival of the All Small Mentor-Protégé Program , the question of how to structure teaming relationships has come to the forefront of many contractors’ minds. This is especially true because companies in approved mentor-protégé relationships may form joint ventures to pursue set-aside work, even if not all the joint venture partners are small businesses or otherwise qualify for the socioeconomic status of the set-aside. Still, recently our clients have questioned why they should form a joint venture when they can pursue the work in a . . . Read More
Organizational Conflicts of Interest and Post Government Employment Restrictions
Presented by Megan Connor and Michelle Litteken Click here to view the recorded session.
The Weekly Update December 9, 2016
GOVERNMENT CONTRACTS Set-Asides under Multiple-Award Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to revise the Federal Acquisition Regulation (“FAR”) to implement regulatory changes made by the Small Business Administration (“SBA”) in its final rule (78 FR 61114), dated October 2, 2013, regarding the use of small business partial set-asides, reserves, and orders placed under multiple-award contracts. SBA’s final rule implements the statutory requirements set forth at section 1331 . . . Read More
NDAA Makes Changes to the SDVOSB Programs and Authorizes GAO Jurisdiction to Hear Task Order Protests
Congress often includes provisions dealing with small business programs in its annual National Defense Authorization Act. 2016 was no exception. This year, In Section 1832, Congress has attempted to provide some uniformity to the Veterans Administration and the Small Business Administration programs for our veteran-owned small businesses. Here are the highlights: Uniformity in Service-Disabled Veteran Definitions Defines “small business concern owned and controlled by service-disabled veterans” in the small business act and makes the definition universal for both the . . . Read More
Court Grants Challenge to Agency’s Corrective Action in Response to Protest
By Julia Di Vito A recent court decision may provide other disappointed offerors a pathway for challenging agencies’ corrective action that unreasonably favors the original contract awardee. In Professional Service Industries, Inc. v. U.S., — Fed. Cl. —, No. 16-1038C (2016), the U.S. Court of Federal Claims recently granted a bid protest of the Federal Highway Administration’s (“FHWA”) corrective action taken in response to a disappointed offeror’s protests at the Government Accountability Office (“GAO”). In granting this protest, the Court found . . . Read More
The Weekly Update December 2, 2016
GOVERNMENT CONTRACTS FAR Amendment Proposal to Implement Section of NDAA 2016 The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to amend the Federal Acquisition Regulation to implement a section of the National Defense Authorization Act for Fiscal Year 2016, which will clarify that agency acquisition personnel are permitted, and encouraged, to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and . . . Read More
The HUBZone Price Preference Provides a Benefit to Contractors– but at a Price
The Historically Underutilized Business Zone (“HUBZone”) Act, 15 U.S.C. § 675a, sets forth three ways in which contracting agencies may provide contracting assistance to HUBZone contractors. The contracting agency may award contracts to HUBZone contractors on a sole source basis or they may restrict competition to just HUBZone contractors. In addition, on contracts to be awarded under full and open competition, contracting officers are to give a price preference to the prices offered by HUBZone contractors. The HUBZone Act states . . . Read More