Managing the Competing Obligations of the FMLA and ADA
An employee asks for over 12 weeks of leave for an illness under the Family and Medical Leave Act (FMLA)—does this also constitute a request for accommodation under the Americans with Disabilities Act (ADA)? The interplay between the ADA and the FMLA presents significant challenges for employers as the company grows. Employers with more than 15 employees must comply with the ADA, while employers with more than 50 employees must comply with both the ADA and the FMLA. Both require . . . Read More
The Weekly Update March 17, 2017
SMALL BUSINESS ADMINISTRATION “SBA Administrator Honors Nation’s Top Small Businesses.” Small Business Administration Press Release, March 16, 2017. Retrieved from https://www.sba.gov. Administrator Linda McMahon, the head of the U.S. Small Business Administration (“SBA”), announced today this year’s Small Business Person of the Year winners from the 50 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands. All of the winners have been invited to attend ceremonies in Washington, D.C on April 30 – May 1 where . . . Read More
The Weekly Update February 3, 2017
GOVERNMENT CONTRACTS Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs On January 30, 2017, President Trump issued an executive order requiring for every one new federal regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process. In addition, for fiscal year 2017, the heads of all agencies are directed that the total incremental cost of all new regulations, including repealed regulations, . . . Read More
DBE Contracting Opportunities under the Trump Administration
With President-elect Trump’s promise to turn America’s crumbling infrastructure into an opportunity for accelerated economic growth, there are likely to be significant investments in the next four years in transportation, construction, and other similar projects. The new administration’s plans are likely to have a particularly big impact on the highway construction industry, which stands to ultimately receive billions in federally-financed dollars. State and local governments will be first in line to receive the funds so they can be trickled down . . . Read More
The Weekly Update for October 7, 2016
GOVERNMENT CONTRACTS Prohibition on Contracting With Corporations with Delinquent Taxes or a Felony Conviction Updating Federal Contractor Reporting of Veterans’ Employment Non-Retaliation for Disclosure of Compensation Information Sole Source Contracts for Women-Owned Small Businesses Consolidation and Bundling Amendment Relating to Multi-Year Contract Authority for Acquisition of Property Contractors Performing Private Security Functions Section of Bipartisan Budget Act of 2013 Implemented Federal Acquisition Circular 2005-91 Small Entity Compliance Guide Department of Defense’s (“DOD”) Defense Industrial Base (“DIB”) Cybersecurity (“CS”) Activities SMALL . . . Read More
Recent Changes to the 8(a) Program Application Process
“They’re asking for what?” This is a not-so-uncommon response from small businesses applying to SBA’s 8(a) Business Development Program (“8(a) Program”), which is notorious for the amount of information – and paper – that applicants are required to provide SBA to demonstrate eligibility. However, a recent SBA final rulemaking implemented changes to the 8(a) Program application process to eliminate certain requirements which, according to SBA, impose an unnecessary burden on program applicants. For example, SBA has done away with 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
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 . . . Read More
While Government Spending is Down, Bid Protests are Up
In a recently released report, the U.S. Government Accountability Office (GAO) provided a revealing look at significant shifts in bid protest trends that have taken place over the last six years. These trends show that even as the rate of government spending has decreased significantly during this time, the number of GAO protests have substantially increased. Specifically, in the last six years, the number of bid protests at the GAO has risen 45 percent even as overall government spending has . . . Read More
Five Signs Your Teaming Agreement Will Lead to Affiliation
Teaming agreements are valuable tools for all government contractors. They allow the proposed prime contractor and subcontractor to iron out their relationship prior to competing for a government opportunity. Teaming relationships themselves are particularly important to small business contractors who are trying to grow their portfolio, but may need the insight of an experienced subcontractor. However, small business primes teamed with large subcontractors on set-aside contracts are chief targets for size protests. Therefore, all small business primes must ensure that . . . Read More