Increased Suspensions and Debarments Bring Challenges for Small Business Contractors – Set-Aside Alert
The Weekly Update for March 18, 2016
DEPARTMENT OF LABOR Establishing Paid Sick Leave for Federal Contractors Procedures for Handling Retaliation Complaints under MAP-21 Procedures for Handling Retaliation Complaints under the Consumer Financial Protection Act of 2010 This week’s report follows, click here if you would like to download a copy . DEPARTMENT OF LABOR Establishing Paid Sick Leave for Federal Contractors The Department of Labor, Wage and Hour Division, issued a proposed rule extending the comment period for filing written comments on the proposed rulemaking: Establishing Paid Sick Leave for Federal Contractors from March 28, 2016 until April 12, . . . Read More
Preserving the Attorney-Client Privilege when Conducting an Internal Investigation
You may recall that, back in July 2014, we advised that the D.C. Circuit Court of Appeals had overturned a D.C. District Court decision in a False Claims Act case that required the results of an internal investigation, which the investigating company had asserted were protected by the attorney-client privilege, to be turned over to the whistleblower’s counsel. The trial court had supported its decision against the application of the privilege by, among other things, pointing out that the employees that had been interviewed—by non-attorneys—had not been told that the interview was being conducted for the purpose of obtaining or providing legal . . . Read More
Do’s and Don’ts for Teaming Agreements & Subcontracts for 8(a) Contracts
Presented by Tony Franco and Michelle Litteken
Paid Sick Leave for Federal Contractors is One Step Closer to Reality
By Corey Argust For employers, it seems like every time you turn around there is a change in the law or regulations to add to the list of compliance challenges. Federal contractors can now add paid sick leave to that list. On February 25, 2016, the Department of Labor (“DOL”) released its proposed rule for providing employees working on federal contracts with sick leave. The proposed rule would implement Executive Order 13706, which President Obama signed on September 7, 2015. . . . Read More
The Weekly Update for March 11, 2016
GOVERNMENT CONTRACTS Establishing Paid Sick Leave for Federal Contractors This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Information on Corporate Contractor Performance and Integrity DOD, GSA, and NASA issued a final rule amending the FAR to implement section 852 of the NDAA for Fiscal Year 2013 to include, in the Federal Awardee Performance and Integrity Information System, to the extent practicable, identification of any immediate owner or subsidiary, and all predecessors of an offeror that held a Federal contract or grant within the . . . Read More
CFIUS Annual Report Shows Items of Interest for Government Contractors
By Kimi Murakami The Committee on Foreign Investment in the United States (“CFIUS”) recently issued its Annual Report to Congress regarding transactions that they reviewed during 2014. Below are highlights of trends and issues gleaned from the report, as well as a few best practices that contractors performing work for the U.S. federal government may find interesting regardless of whether your business may soon be the target of a non-U.S. buyer. What is CFIUS? To guard against foreign investment that . . . Read More
The Weekly Update for March 4, 2016
SMALL BUSINESS ADMINISTRATION Underrepresented Industries Identified, Expansion, and Spending Goals Met for WOSB Program SBIR/STTR Programs to be Reauthorized GOVERNMENT CONTRACTS Establishing Paid Sick Leave for Federal Contractors This week’s report follows, click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Underrepresented Industries Identified, Expansion, and Spending Goals Met for WOSB Program On March 3, 2016, the U.S. Small Business Administration (SBA) announced the results of a study that identified industries in which women-owned small businesses (WOSBs) were underrepresented in federal contracting in connection with the Women-Owned Small Business Federal . . . Read More
WOSBs: $17.8 Billion in FY15 Spending and MORE NAICS Codes!
By Megan Connor On March 2, 2016, SBA announced that federal government spending in FY 2015 met the 5% spending goal for WOSBs. According to the SBA, 5.05% or $17.8 billion of all federal small business eligible contracting dollars were awarded to WOSBs. This is the first time in the history of the WOSB Program that the goal has been met. This great news was then followed on March 3, 2016 , by SBA’s publishing of updated NAICS codes list for EDWOSB and WOSB set-aside and sole source contracts, . . . Read More
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