NLRB to Collect More Data About Federal Contractors Charged with Unfair Labor Practices

By Julia Di Vito On July 1, 2016, the National Labor Relations Board (“NLRB”) announced that it will ask employers that receive unfair labor practice complaints to report information that would identify them as government contractors. Anne Purcell, Associate General Counsel of the NLRB, issued Memorandum OM 16-23 to the NLRB’s regional offices directing the NLRB to collect additional data points regarding employers charged with unfair labor practices. This new practice is in furtherance of the 2014 Fair Pay and . . . Read More

SBA Simplifies Minority Shareholder Affiliation Rule for Loan Program Applicants

SBA recently issued a final rule redefining the rules of affiliation for firms applying to SBA’s business loan programs. The final rule separates and distinguishes the loan program affiliation rules from SBA’s government contracting and business development programs. Moreover, the final rule simplifies the guidelines for determining affiliation for small business eligibility as it relates to the loan programs. Case in point—the minority shareholder rule. Under the new minority shareholder rule, when no single owner (individual or entity) holds more . . . Read More

How the New Defend Trade Secrets Act of 2016 Impacts Government Contractors

By Kimi Murakami The overwhelming bipartisan passage by both the House and Senate of the new Defend Trade Secrets Act of 2016 (“DTSA”) which was signed into law (18 U.S.C. §§ 1831-1839) by the president on May 11, 2016, marks not only an unusual display of political unity in Washington, but also presents an ideal moment for federal government contractors to assess and update their policies and procedures relating to trade secrets. To make sure you are ready for the . . . Read More

Citing Kingdomware, Federal Circuit Confirms Award of GSA Schedule Task Order Falls Within Tucker Act Bid Protest Jurisdiction

By Megan Connor Contractors seeking to challenge the award of task orders, which the procuring agency referred to as “options” or “extensions,” received a big win from the Federal Circuit in  Coast Professional, Inc. et al. v. United States , No. 2015-5077 (Fed. Cir. July 12, 2016). The Federal Circuit concluded that the Court of Federal Claims (“COFC”) erred in its decision that the “award-term task orders” at issue were not new task orders for purposes of bid protest jurisdiction, and vacated and remanded the COFC’s decision. In Coast . . . Read More

7 Key Risks for Contractors in Transit Procurements

By Michael A. de Gennaro Your company has reviewed an RFP issued by a municipal authority to select a firm to operate and maintain transit services, and the business team has signed off on the economics of submitting a bid. As your company’s counsel, you have been tasked with identifying the legal risks of the procurement, with the aim of identifying the “most important” considerations. In many instances, legal review will be approached as more or less a formality, with . . . Read More

The Weekly Update for July 15, 2016

GOVERNMENT CONTRACTS Small Business Subcontracting Improvements FPI Blanket Waiver Threshold This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTING Small Business Subcontracting Improvements DOD, GSA, and NASA issued a final rule amending the FAR to implement the following regulatory changes made by the Small Business Administration, which provide for a governmentwide policy on small business subcontracting: (1) Requiring prime contractors to make good faith efforts to utilize their proposed small business subcontractors during performance of a contract to the same degree the prime contractor . . . Read More

Negotiating the Start Date Provision of Your Office Lease

In negotiating an office lease, business owners should pay particularly close attention to the terms and conditions regarding the start date of their office lease. Many landlords will begin negotiations regarding the start date of an office lease by providing an “estimated” date on which the tenant will be able to move in to the office space, stating that if the actual date on which the space becomes available is different than the estimated date, there will be no penalty . . . Read More