Jackson Kelly PLLC

Size Protests 101: Ensure Your Protest Is Sufficiently Specific, Factually Supported and Raises All Applicable Protest Grounds

February 7, 2017

As discussed previously, a size protest is a valuable, low cost, way to challenge the size of an announced winning competitor, and possibly get a second bite at an award if such company is not, in fact, small and is disqualified. SBA’s size protest sufficiency filing threshold is low. Importantly, once crossed, SBA shifts the burden to the protested concern to establish its small business size…

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…

Reverse Auctions: Beware “Race-to-the-Bottom” vs. a Non-Responsible or Ineligible Bidder

January 23, 2017

Reverse auctions, while offering obvious advantages to the Government in appropriate circumstances, pose a number of challenges for bidders. These challenges include the need to exercise bidding restraint, and fight the animalistic instinct or desire to “win,” particularly at the cost of bidding too low. This is particularly so where there is no prequalification of bidders, and some bidders,…

FAR Final Rule Bars Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

January 23, 2017

The FAR Council has published a Final Rule, effective January 19, 2017, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires its employees or subcontractors to sign internal confidentiality agreements or statements that prohibit or otherwise restrict the lawful reporting of fraud, waste or abuse to a…

Short Take: Final Rule Increases Simplified Acquisition Threshold for Emergency Procurements

January 23, 2017

The Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) issued a Final Rule raising the acquisition threshold for Special Emergency Procurement Authority, modifying the Federal Acquisition Regulation (FAR) as required by the 2016 National Defense Authorization Act (NDAA-16). The rule raises the simplified acquisition…

Beware Abusing Socio-Economic Programs in Federal Procurement – Indictment Alleges SDVOSB “Rent-a-Vet” Scheme, Seeks Assets Forfeiture

January 17, 2017

Individuals and companies should carefully consider the many serious risks, including criminal prosecution and forfeiture of assets, before seeking to improperly take advantage of and abuse federal programs created to advantage various socio-economic groups. These programs include Government contract set-aside programs for Veteran-Owned (VOSBs), Service-Disabled Veteran-Owned (SDVOSBs),…

Wrongdoing Doesn’t Pay - Civil Penalties, Including for False Claims Act Violations, Keep Going Up – 2017 Inflation Adjustments

January 16, 2017

Most federal civil monetary penalties will increase by an additional 1.636%, rounded to the nearest dollar, for new assessments issued after the effective date of each respective agency’s implementing regulations. This new increase is on top of last year’s huge, one-time, “catch-up” adjustments intended to offset inflation through October 2015, and is the first of what hereafter will be annual…

Short Take: Department of the Treasury Updates Prompt Payment Act Interest Rate

January 10, 2017

The Department of the Treasury has updated the Prompt Payment Act Interest Rate for the first half of calendar year 2017. The new rate has increased from 1.875 percent to 2.5 percent per year. Under the Contract Disputes Act (CDA), when prevailing on a monetary contract dispute, a contractor is entitled to recover simple interest, calculated at the applicable rate for every six-month period, on…

When Do Agency Restrictions on Proposal Revisions during Corrective Action Go Too Far?

January 10, 2017

Contractors often “win” a protest when the agency decides to take corrective action in the form of discussions and revised proposals, only to find that the agency limits the nature of the allowed revisions so that contractors cannot make all the necessary changes to its new proposal. As the recent decision in Deloitte Consulting, LLP, B-412125.6 (November 28, 2016), makes clear, contractors in…

Mandatory Paid Sick Leave for Federal Contractors Takes Effect

January 3, 2017

As Jackson Kelly has previously reported, there is significant uncertainty regarding which of the many Executive Orders signed by President Obama will still be binding after President Trump’s inauguration later this month; but some things will not change, at least in the short term. One of those is the new requirement, from Executive Order 13706, that federal contractors provide paid sick leave…

Blog

Size Protests 101: Ensure Your Protest Is Sufficiently Specific, Factually Supported and Raises All Applicable Protest Grounds

February 7, 2017

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

February 6, 2017

FAR Final Rule Bars Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

January 23, 2017

Short Take: Final Rule Increases Simplified Acquisition Threshold for Emergency Procurements

January 23, 2017

Beware Abusing Socio-Economic Programs in Federal Procurement – Indictment Alleges SDVOSB “Rent-a-Vet” Scheme, Seeks Assets Forfeiture

January 17, 2017

Wrongdoing Doesn’t Pay - Civil Penalties, Including for False Claims Act Violations, Keep Going Up – 2017 Inflation Adjustments

January 16, 2017

Claims and Disputes

Contracting Rules and Regulations

Evaluation and Award

Procurement News and Analysis

Bid Protests

GAO Decisions

Bids and Proposals

Solicitations / Proposal Preparation

Labor and Employment

Terminations

Regulations (FAR, DFARS and others)

Commercial Items

GSA and FSS Schedules

Contracting Opportunities

Subcontracting

Joint Ventures and Teaming Agreements

Sourcing Restrictions

Ethics and Compliance

Fraud

Clarifications and Discussions

Conflicts of Interest

Cost Accounting and Auditing

Court of Federal Claims Decisions

Due Diligence / Mergers and Acquisitions

Export Controls

False Claims and False Statements

Foreign Corrupt Practices Act

Intellectual Property Rights

Research & Development

Responsibility

Suspension and Debarment

Federal Circuit Decisions

Government Contracts Monitor

Size Protests 101: Ensure Your Protest Is Sufficiently Specific, Factually Supported and Raises All Applicable Protest Grounds

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

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

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

Reverse Auctions: Beware “Race-to-the-Bottom” vs. a Non-Responsible or Ineligible Bidder

FAR Final Rule Bars Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

Short Take: Final Rule Increases Simplified Acquisition Threshold for Emergency Procurements

Beware Abusing Socio-Economic Programs in Federal Procurement – Indictment Alleges SDVOSB “Rent-a-Vet” Scheme, Seeks Assets Forfeiture

Wrongdoing Doesn’t Pay - Civil Penalties, Including for False Claims Act Violations, Keep Going Up – 2017 Inflation Adjustments

Short Take: Department of the Treasury Updates Prompt Payment Act Interest Rate

When Do Agency Restrictions on Proposal Revisions during Corrective Action Go Too Far?

Mandatory Paid Sick Leave for Federal Contractors Takes Effect

Size Protests 101: Ensure Your Protest Is Sufficiently Specific, Factually Supported and Raises All Applicable Protest Grounds

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

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

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

Reverse Auctions: Beware “Race-to-the-Bottom” vs. a Non-Responsible or Ineligible Bidder

FAR Final Rule Bars Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

Short Take: Final Rule Increases Simplified Acquisition Threshold for Emergency Procurements

Beware Abusing Socio-Economic Programs in Federal Procurement – Indictment Alleges SDVOSB “Rent-a-Vet” Scheme, Seeks Assets Forfeiture

Wrongdoing Doesn’t Pay - Civil Penalties, Including for False Claims Act Violations, Keep Going Up – 2017 Inflation Adjustments

Short Take: Department of the Treasury Updates Prompt Payment Act Interest Rate

When Do Agency Restrictions on Proposal Revisions during Corrective Action Go Too Far?

Mandatory Paid Sick Leave for Federal Contractors Takes Effect

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