The Weekly Update for February 1, 2018
GOVERNMENT CONTRACTING According to a Washington Technology article, just because government agencies reopened after five weeks of a shutdown does not mean things return to business as usual. In fact, the article continues, service providers and other market observers advise that patience and empathy will both be virtues in this situation. Generally speaking, the 800,000 furloughed federal civilian employees were not allowed to check email or telephone messages during the shutdown, which includes many employees responsible for processing invoices to . . . Read More
The Weekly Update for January 11, 2019
GOVERNMENT CONTRACTING A Government Executive article discussed the impact of the shutdown on some defense contractors. As the partial government shutdown continues, some American defense firms are receiving multi-million-dollar IOUs instead of payments. For example, executives for Science Applications International Corporation (SAIC) and Engility, two of the government’s largest service contractors, said the payroll for workers idled by the shutdown comes to $10 million every week, and, just three weeks into the freeze, they say the government is about $40 . . . Read More
The Weekly Update for May 25, 2018
GOVERNMENT CONTRACTING Contractors Oppose Proposed Limit on Federal Bid Protests According to an article in govexec.com, the Senate Armed Services Committee on May 22, 2018 began its markup of the fiscal 2019 National Defense Authorization Act, and a contractors group was pushing committee leaders to reject a Pentagon proposal to curb time-consuming bid protests. Seeking to eliminate what some senators call “frivolous” protests and what acquisition officials call “forum shopping,” the Defense Department this spring pressed for limiting the ability . . . Read More
Defining “Unconditional” Ownership and Control of SDVOSBs: SBA Proposes to Relax Ownership and Control Requirements
Recently, we wrote about the VA’s proposed rule to eliminate its own ownership and control criteria for SDVOSB and VOSB eligibility under the Vets First contracting program. The proposed rule stems from Congress’ mandate in the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) that SBA be the sole agency responsible for issuing regulations relating to the ownership and control of SDVOSBs and VOSBs. On Monday, the SBA released a proposed rule regarding the sole definition of ownership and . . . Read More
The Weekly Update for December 22, 2017
LABOR AND EMPLOYMENT Department of Labor Seeks to Loosen Reins on Restaurant Industry By Rescinding Regulation of Certain Tip Pooling Practices In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act (“FLSA”). Plaintiff-side employment lawyers took note immediately and began advertising to their target audience. It . . . Read More
The Weekly Update for September 30, 2016
GOVERNMENT CONTRACTS Amendments to Department of Defense (“DOD”) Mentor-Protégé Program Temporary Extension of Test Program for Comprehensive Small Business Subcontracting Plans SMALL BUSINESS ADMINISTRATION Small Business Timber Set-Aside Program DEPARTMENT OF VETERANS AFFAIRS Prohibition on Use of Any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects Federal Civil Penalties Adjustment Act Amendments LABOR AND EMPLOYMENT Extension of Comment Period for Proposed Revision of Annual Information Return/Reports This week’s report follows, click here if you would like to . . . Read More
GAO and COFC Task Order Jurisdiction – To Count or Not To Count Option Periods
Jurisdiction of the GAO and the Court of Federal Claims to hear task order protests is limited to protest of awards over $10 million. How one defines whether a task order is over or under the $10 million threshold is subject to interpretation. The latest question presented in a GAO protest was a solicitation requirement to evaluate a priced based on “all options,” including the 6-month option to extend services under FAR 52.217-8. There are a number of cases stating . . . Read More