Government Contracts Monitor

Start-Ups Planning to Pursue Small Business Set-Aside Contracts Face Unique Compliance Issues

June 21, 2017

Starting a business is not for the faint of heart. Establishing and operating a start-up always entails careful consideration of a wide variety of legal and practical issues. Success or failure can depend on the choice of entity, agreed-upon buy-out provisions, the selection of teammates and suppliers, or any of a multitude of other key decisions. When a firm’s business plan includes the pursuit…

“It’s in There” -- Miller Act Bonding Requirements Are Read into Construction Contracts under the Christian Doctrine

May 24, 2017

The Armed Services Board of Contract Appeals (ASBCA) recently reaffirmed its January 2017 decision in K-Con, Inc., ASBCA Nos. 60686, 60687, 17-1 BCA ~ 36,632, holding that, pursuant to the Christian doctrine, the bonding requirements set forth in the Miller Act (and codified at FAR 52.228-15) are mandatory clauses that must be included in government construction contracts if they are omitted. In…

Short Take: NAICS Code Appeals: Timeliness Is Paramount, But Appeal Based on Presolicitation Notice Is Premature

May 9, 2017

As we have discussed previously, timing is everything in filing North American Industry Classification System (NAICS) code appeals at the Small Business Administration (SBA)’s Office of Hearings and Appeals (OHA).  This is because NAICS code appeals must be filed within a relatively short 10 calendar days after issuance of the initial solicitation, per 13 C.F.R. § 121.1103(b)(1).  OHA strictly…

Competitive Range Exclusion of Small Business Based on Insufficient Capabilities Requires Certificate of Competency (COC) Referral to SBA

May 9, 2017

The Government Accountability Office (GAO)’s recent decision in Competitive Range Solutions, LLC, B-413104.10, Apr. 18, 2017, provides a valuable reminder that Certificate of Competency (COC) referrals to the Small Business Administration (SBA) are required in broader contexts than pure non-responsibility determinations. Specifically, SBA’s regulations provide, inter alia, that a contracting…

Fair Pay and Safe Workplaces Regulations Nullified and Underlying Executive Order 13673 Revoked

March 28, 2017

On Monday, March 27, 2017, President Trump signed House Joint Resolution 37, repealing and nullifying the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces). As previously discussed here, this Resolution was passed by both Houses of Congress under the Congressional Review Act, 5 U.S.C. § 801 et seq.…

Short Take: Hopewell Darneille to Present at DYNET 2017, Fairmont, WV -- April 13, 2017

March 6, 2017

Hopewell Darneille, of the Firm’s Washington, DC office, will be a presenter at the eighth annual Dynamic Networking for Small Business (DYNET) Conference, a federal and prime contracting event in Fairmont, West Virginia, on April 13, 2017 at the Robert H. Mollohan Research Center.

Mr. Darneille will co-present a workshop on “SBA’s NEW Joint Venture Rules,” with Melissa Loder, the principal…

Congress Votes to Repeal Former President Obama’s Fair Pay and Safe Workplaces Regulations

March 6, 2017

On Monday, March 6, 2017, the U.S. Senate voted, 49-48 on a straight party-line vote, to join the U.S. House of Representatives in repealing the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces).  Assuming President Trump signs the joint repeal resolution in the coming days, which appears highly likely in…

Don’t Overlook New Privacy Training Requirements

February 28, 2017

During the end of year crush, some contractors may have missed the December 20, 2016 publication of a final rule requiring contractors whose employees have access to a system of records or handle personally identifiable information (PII) to provide privacy training to those employees. The new rule, which took effect January 19, 2017, provides guidance to contractors concerning the required…

Short Take - VA Increases SDVOSB/VOSB Program Eligibility to Three (vs. Two) Years Before Requiring Reverification

February 20, 2017

One of the biggest complaints about the Department of Veterans Affairs (VA)’s programs for Veteran-Owned Small Businesses (VOSB) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) has been that program eligibility, granted on the basis of an exhaustive process, was valid for only one, and subsequently two, years, before having to be reestablished through an intensive reverification…

Short Take - President Trump Will Continue Enforcing Executive Order 13672, Protecting the Rights of the LGBTQ Community in the Workplace

February 6, 2017

On January 31, 2017, the White House issued a Press Release announcing President’s determination to continue the effectivity and enforcement of President Obama’s Executive Order (EO) 13672, protecting the rights of the Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) community under federal contracts.  The Press Release stated that President “Trump is determined to protect the rights of all…

Short Take: GSA Clarifies Jurisdiction Over Fair Opportunity Complaints Under GSA Multiple-Award Contracts

January 30, 2017

The General Services Administration (GSA) recently issued a Final Rule, effective January 9, 2017, amending the General Services Administration Acquisition Regulation (GSAR) to clarify that the Ordering Agency Task and Delivery Order Ombudsman has jurisdiction and responsibility to review and resolve “fair opportunity” complaints on task and delivery orders placed against GSA multiple-award…

President Trump Wastes No Time Moving to Cut Regulatory Burdens and Costs

January 30, 2017

President Trump is moving quickly to implement his various campaign pledges, including his commitment to reduce federal regulation and the resulting huge burdens and costs on both large and small businesses. Specifically, within hours of the President's inauguration, his Chief of Staff, Reince Priebus, issued a Presidential Memorandum (the “Freeze Memo”) imposing a broad freeze on all new and…