Government Contracts MonitorSubcontractingOpposition Research Has Its Limits – Knowing the Facts May Not Be EnoughJanuary 18, 2016 In order to make good decisions about whether and how to protest an award decision, disappointed bidders must, among other things, have good information about the awardee. This is particularly true where the protest grounds being considered include the argument that the winner’s proposal violated the applicable limitation on subcontracting requirement, an attack that requires a showing that the… 2016 New Year’s ResolutionsJanuary 4, 2016 Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings Happy New Year! The start of a new year is a time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2016. 1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most… Short Take – FAR Final Rule Implements E.O. 13672 on Sexual Orientation & Gender Identity.December 15, 2015 On December 4, 2015, DOD, GSA and NASA adopted a Final Rule, effective immediately, amending the Federal Acquisition Regulation (FAR) to implement (i) President Obama’s Executive Order (EO) 13672, and (ii) the Department of Labor (DOL), Office of Federal Contract Compliance Policy (OFCCP)’s implementing Final Rule (previously discussed here). EO 13672 amends EOs 11246 and 11478 to add… Short Take – Final Rule Establishing Minimum WageDecember 7, 2015 On December 4, 2015, DOD, GSA and NASA adopted a Final Rule, effective immediately, amending the Federal Acquisition Regulation (FAR) to implement (i) President Obama’s Executive Order 13658, establishing a minimum wage for employees working on covered federal contracts and subcontracts, and (ii) the Department of Labor (DOL)’s Final Rule (previously discussed here). The Final Rule… Short Take: Another Failed Scheme Alleging Work Performed By Minority Owned BusinessNovember 30, 2015 Last week Granite Construction, Inc. (Granite), a publically traded company, entered into a non-prosecution agreement under which it will pay more than $8 million to the federal government and the Metropolitan Transportation Authority (MTA). The agreement resolves a criminal investigation into a disadvantaged business enterprise (DBE) fraud scheme perpetrated by Granite’s wholly-owned… 61-Count Indictment for Falsely Certifying Davis-Bacon Act WagesNovember 20, 2015 A recently-filed indictment highlights the substantial personal liabilities that a company principal may face if the company fails to pay required minimum wages, and particularly if the company submits false certifications to the Government as to the wages paid. U.S. v. Marcus Butler, N.D. Ohio Case No. 1:15 CR 0415. Specifically, the Department of Justice and U.S. Attorney’s Office for the… Getting Credit for Small Business Subcontracting at All LevelsOctober 19, 2015 The Small Business Administration (SBA) recently proposed a rule implementing Section 1614 of the National Defense Authorization Act for Fiscal Year 2014 (FY14 NDAA) by modifying the rules relating to certain small business subcontracting plans and the use of small businesses as lower tier subcontractors in connection with such plans. More particularly, the proposed rule would allow an… Short Take – Minimum Wage Increases to $10.15 Effective January 1, 2016October 19, 2015 As you no doubt know by now, President Obama issued Executive Order 13658 on February 12, 2014, establishing a $10.10 per hour minimum wage for employees working on covered federal contracts and subcontracts, starting January 1, 2015. The Department of Labor (DOL) issued a Final Rule (previously discussed here) on October 10, 2014, and the FAR Council issued an Interim Rule on December 15, 2014… Short Take: Counterfeit Electronic Parts – the Saga ContinuesSeptember 21, 2015 DoD is proposing to revise the DFARS rule entitled “Detection and Avoidance of Counterfeit Electronic Parts”. See Proposal here. The rule proposes amendments to DFARS 246.870 and a new clause at DFARS 252.246-70XX, Sources of Electronic Parts, to require that DoD and its contractors and subcontractors, except in limited circumstances, acquire electronic parts from trusted suppliers in order to… Mentor/Protégé Joint Venture Agreements – The Devil Is in the DetailsAugust 31, 2015 Over the past year, the Small Business Administration (SBA) has begun to require a greater deal of specificity in proposed Joint Venture Agreements (JVAs) between Mentors and their Protégés, and in at least two instances both the cognizant SBA Area Offices and SBA’s Office of Hearings & Appeals (OHA) have rejected such Agreements and found the respective joint ventures ineligible for the… Feds Fall Short on Small Business Subcontracting and Other Goals for FY14July 20, 2015 The U.S. Small Business Administration (SBA) recently announced the federal government’s Fiscal Year 2014 (FY14) small business goaling results and Small Business Procurement Scorecard. According to SBA, the federal government awarded a total of $91.1 billion in prime contracts to small business – an $8 billion increase over FY13. SBA naturally highlighted the fact that this equaled… Combating Human Trafficking: Do You Know What Your Employees Did Last Summer?May 11, 2015 On March 2, 2015, the Department of Defense’s Final Rule, "Federal Acquisition Regulation; Ending Trafficking in Person," available here (the Rule), became effective. Pursuant to the Rule, revised FAR 52.222-50, Combatting Trafficking in Persons, must be included in all contracts and solicitations. Although the Rule implements previous mandates, contractors must be aware of notably… |
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