NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

By Corey Argust In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint employer liability. Under this dramatic shift away from 30 years of NLRB precedent, prime contractors will be more readily held liable for their subcontractors’ labor law violations and they may be obligated to bargain with unions seeking to represent subcontractors’ employees. The NLRB’s . . . Read More

The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home

With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that could expose your company to liability: Don’t risk exemptions under the Fair Labor Standards Act (FLSA). Employers should exercise caution so as not to risk losing an employee’s exempt status that may trigger liability for overtime hours the employee worked prospectively and retrospectively. An exempt, salaried employee is . . . Read More

HUBZone Redesignations Looming on October 1

The next batch of redesignated HUBZone areas is set to lose HUBZone status as of October 1. HUBZone-certified firms located in an expiring HUBZone will be decertified from the HUBZone program unless they have moved their principal office to an eligible HUBZone by October 1. HUBZone boundaries are fluid, with changes driven by census data and other statistics that are regularly updated. When new information causes a HUBZone location to lose HUBZone status, that area will no longer qualify for . . . Read More

Inside the Mind of a Size Protest Lawyer

It is the end of the federal government’s fiscal year and ‘tis the season for protests. Protest lawyers are sharpening their keyboards. And some unfortunate small businesses are about to lose a hard-won contract due to a successful size protest. But the story for your business does not have to end with a lost contract and wasted proposal effort. Many size protest grounds can be adequately defended with a little advance planning, if you know what to look for. Having . . . 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

SBA Issues Final Rule on WOSB/EDWOSB Sole Source Authority

The SBA published the final rule to establish the procedures whereby Federal agencies may award sole source contracts to WOSBs and EDWOSBs. Under the rule, a contracting officer may award a sole source contract to a WOSB or EDWOSB where (1) the firm is a responsible contractor and the contracting officer does not have a reasonable expectation that 2 or more EDWOSBs or WOSBs (as the case may be) will submit offers; (2) the anticipated award price of the contract . . . Read More

President Obama Follows States’ Lead in Establishing Paid Sick Leave

While you were soaking in the final days of summer this Labor Day, President Obama used the occasion to sign Executive Order (EO), “Establishing Paid Sick Leave for Federal Contractors.”  The EO provides that, beginning on January 1, 2017, executive agencies include a provision in new contracts, contract-like instruments and solicitations, requiring Federal Contractors provide 1 hour of sick leave for ever 30 hours worked by an employee. The EO tasks the Secretary of Labor with issuing regulations on or before September 30, 2016. Contractors can expect . . . Read More

The Mandatory Disclosure Rule – Demystifying Your Disclosure Requirements

By Katie Flood It’s that gut-check scenario: You realize that your company has made a mistake on an invoice submitted on a government contract, or that your company has mistakenly represented its size or socioeconomic status. Regardless of what shape the mistake has taken, you are wondering how best to limit your company’s potential exposure. You also wonder, as a small business, what exactly you are required to disclose to the government. This is where the Mandatory Disclosure Rule (MDR) . . . 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