Labor Law 101: SCA, DBA, and CBA’s – Where Labor Law and Government Contracting Collide
Presented By Nichole Atallah and Sarah Nash Click here to view the recorded session. What you don’t know, can really hurt you. From bidding to negotiations to price adjustments, understanding how labor laws influence government contracting can have huge implications for contractor business. Make sure you have the information you need before bidding on a contract with a unionized (or organizing) workforce.
What to Do When the Investigator Comes Knocking: Dealing with Subpoenas
Presented by Paul Mengel and Matt Feinberg Click here to view the recorded session. Given the country’s current social and political climate, there has been a significant public focus recently on, among other things, sexual harassment and sexual assault, public corruption, fraud against the Government, and the wage gap. Companies should therefore reasonably expect to become involved in some sort of investigation or private claim and, as a result, to receive a subpoena or other document request, whether from a state attorney . . . Read More
The Weekly Update for October 22, 2018
DEFENSE DEPARTMENT Class Deviation-Commercial Items Omnibus Clause for Acquisitions Using the Standard Procurement System According to an article on acq.osd.mil , this class deviation rescinds and supersedes Class Deviation 2013-00019. Effective immediately, when using the Standard Procurement System (SPS) to contract for commercial items, all Department of Defense (DOD) contracting activities may deviate from the requirements at Federal Acquisition Regulation (FAR) 12.301 (b)( 4) and the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- . . . Read More
Gaining a Competitive Advantage through Cybersecurity Readiness
Submitting a Proposal Soon? Make Sure Your SAM Registration Is Active
While there has been some confusion and a bit of a grey area surrounding when an offeror’s profile with the System for Award Management (SAM) must be active, the confusion will be put to rest effective October 26, 2018. Recently, a final rule was released clarifying that offeror registration in SAM is required prior to submission of an offer. Currently, FAR 4.1102(a) requires contractors to be registered in SAM “prior to award of a contract or agreement,” with some narrow exceptions. While this seems . . . Read More
Labor Law 101: What Employers Need to Understand About the NLRA
Presented By Nichole Atallah and Sarah Nash Click here to view the recorded session. Whether your employees are unionized or not, chances are the National Labor Relations Act applies to you. This seminar will help you navigate the Act and keep on the right side of labor laws.
809 Panel Seemingly Switches Focus of Protest Recommendations
As we noted in our May 2, 2018, post on the possible 809 Panel recommendations for bid protests, the Panel was planning to make radical changes to the bid protest process at DOD, which would lead to less oversight and accountability, opening the floodgates for fraud and abuse by government personnel. However, we recently learned that the Panel may be thinking of taking action that could benefit DOD’s buying processes, without reducing public oversight, by looking at more inward-facing policy changes . . . Read More
Current Trends in Federal Procurement for Set-Aside Alert
809 Panel Likely to Scale Back Harmful Small Business Recommendations
As we have noted in the past , when the 809 Panel first convened, a number of the members believed that small business programs provided little for the warfighter at DOD and, thus, were simply unnecessary. Indeed, the Panel’s initial recommendation was going to be the full elimination of small business goals—which effectively stops small business set-asides entirely. The idea was that government personnel were wasting time counting dollars instead of focusing on increasing the lethality of the warfighter. While helping the warfighter is . . . Read More
OHA to Decide VA SDVOSB Status Protests Starting This Week
Starting on October 1st, SBA began hearing protests challenging an apparent awardee’s eligibility for inclusion in the VA Center for Verification and Evaluation (“CVE”) database and, in turn, its eligibility for a VA SDVOSB contract award. Previously, an SDVOSB status protest for a VA procurement was filed with the contracting officer, who then forwarded the protest to the Director of the CVE to render a status determination. To be timely, the protest had to be filed within five business days . . . Read More