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

The Weekly Update for January 29, 2016

SMALL BUSINESS ADMINISTRATION Employee-Based Size Standards in Wholesale Trade and Retail Trade Small Business Size Standards: Inflation Adjustment to Monetary-Based Size Standards Industries with Employee-Based Size Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade Small Business Size Standards for Manufacturing DEPARTMENT OF LABOR Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act This week’s report follows,  click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Employee Based Size Standards in Wholesale Trade and Retail Trade The U.S. Small Business Administration (SBA or Agency) . . . 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

SBA Considers Public Comments on Proposed Size Standard Increases to NAICS Codes 562910 and 541519

As we previously reported, on September 10, 2014, the SBA released proposed increases to the small business standards for many industries that use employee-based size standards. The final rule is scheduled to be published on January 26, 2016; however, a pre-publication of the final rule is available now at www.federalregister.gov .   According to the pre-publication, the SBA will adopt most of the proposed changes with two key exceptions. The SBA is not increasing the Environmental Remediation Services (“ERS”) exception under . . . Read More

It’s Subcontracting Plan Review Season. Are You Prepared?

After subcontracting plan reports are due in October, SBA starts sending out letters to the firms selected for a compliance review. These letters start going out late in the year, with the compliance reviews scheduled for early in the new year. That means we are in the heart of subcontracting plan review season. Are you ready? Much like preparing for a winter storm, advance planning is critical to make it through a subcontracting compliance review. Don’t wait for the letter . . . Read More

The Weekly Update for January 22, 2016

GOVERNMENT CONTRACTS Payment of Subcontractors SMALL BUSINESS ADMINISTRATION Final Rule Adopted for Uniform Administrative Requirements and More This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS Payment of Subcontractors DOD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation to implement the section of the Small Business Jobs Act of 2010 that 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 . . . Read More