Jackson Kelly PLLC

Eric Whytsell to Moderate Panel at 22nd Annual FPI - Gaining Advantage on the High Seas: The Thoughtful Pirate’s Approach to Subcontract Terms and Clauses

February 28, 2016

Eric Whytsell of Jackson Kelly will be moderating the opening Practicum panel, entitled “Gaining Advantage on the High Seas: The Thoughtful Pirate’s Approach to Subcontract Terms and Clauses,” at the upcoming 22^nd Annual Federal Procurement Institute, March 9-12, 2016, in Annapolis Maryland. The presentation will cover sorting out the interests of prime contractors, subcontractors, and the…

Department of State Proposes Changes to United States Munitions List Categories VIII and XIX

February 22, 2016

The latest outcome of the President’s ongoing Export Control Reform (ECR) effort is the recent Department of State (DoS) proposal to amend the International Traffic in Arms Regulations (ITAR) to revise Categories VIII (aircraft and related articles) and XIX (gas turbine engines and associated equipment) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control…

If a Solicitation Ambiguity Doesn’t Become Apparent until Evaluation of Proposals, It’s Latent – and Fair Game for a Post-Award Protest

February 22, 2016

One of the reasons it’s so important to read solicitations carefully is that such review can help you identify any ambiguities before submitting your proposal. If the ambiguity is obvious, or “patent”, you must protest it before the proposal due date or not at all. In other words, an offeror can’t wait to see who wins the contract before deciding to gripe about an ambiguity that may have hurt its…

Short Take: DLA Officials Sentenced to 10 & 7 Years Respectively in Freight-Hauling Contracts Bribery Scheme

February 22, 2016

The Justice Department recently announced that a former agent for a large national trucking company has pled guilty to paying bribes totaling at least $120,000 over a six-year period from 2006-2012 to two officials in the Defense Logistics Agency (DLA) Traffic Office at the Marine Corps Logistics Base (MCLB) in Albany, Georgia. According to the Press Release, the two DLA officials…

Short Take: DoD Seeking Input on Potential Rule to Address How IR&D Expenses Are Considered during Proposal Evaluation

February 16, 2016

Last week, the Department of Defense (DoD) issued an advance notice of proposed Rulemaking (81 Fed. Reg. 6844) seeking information it hopes will aid in crafting a revision to Defense Federal Acquisition Regulation Supplement (DFARS) to ensure uniformity in the manner by which DoD evaluates “the use substantial future independent research and development (IR&D) expenses as a means to reduce…

Sixth Circuit Rejects DOJ “Fairyland” Damages Theory, and Bases False Claims Act Damages on Actual Underpaid Davis-Bacon Act Wages

February 16, 2016

The U.S. Court of Appeals for the Sixth Circuit recently struck a ringing blow for common-sense, logic and reality in overturning a District Court’s $763,000 damages award in a case involving Davis-Bacon Act (DBA) wage underpayments of only $9,916. United States ex rel. Wall v. Circle C Construction, LLC, 6^th Cir. Case No. 14-6150, decided Feb. 4, 2016. The Court flatly rejected what it…

Make Sure to Look at the Forest as Well as the Trees: Read Proposal Requirements in Context

February 15, 2016

When assessing opportunities and preparing proposals, reading and understanding the contents of the solicitation is imperative. If you don’t know what the solicitation requires, it can be very hard to prepare a responsive, much less winning, proposal. But focusing exclusively on the words themselves – separated from their proper context – can also lead offerors astray. This point was brought home…

Translation Firm to Pay $1.47M to Resolve Overtime and SCA Wages and Benefits Underpayments

February 9, 2016

The U.S. Department of Labor (DOL), Wage and Hour Division (WHD) recently announced that a Monterey, California-based translation and interpretation company that does work for the federal government and other clients has agreed to pay $1.47 million in wages and benefits to its nationwide corps of interpreters to resolve federal labor laws violations identified as the result of two separate WHD…

When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial Practice

February 9, 2016

The Government’s statutory preference for acquiring commercial items that meet an agency’s needs comes with the requirement that, to the maximum extent possible, contracts for the acquisition of those items include only clauses that are consistent with customary commercial practice. In other words, if the Government buys commercial items, it is supposed to use commercial contract terms if it can.…

Jackson Kelly Introduces Data Privacy and Security Team

February 9, 2016

We live in an increasingly digital world, but with advancement comes greater risk. Data breaches, leaks and even employee use of social media can all put your company at risk. To address these issues, Jackson Kelly is pleased to introduce its Data Privacy and Security Team. These attorneys, representing the Firm across a number of practice areas and locations, work with clients to identify…

Don’t Win the Battle but Lose the War – Remember to Demonstrate Prejudice

February 3, 2016

“Prejudice is an element of every viable protest.” No matter how many times the Government Accountability Office (GAO) intones this phrase in its protest decisions (and it’s in many GAO decisions), the concept of prejudice and the need to prove it to win a protest remain all too easy to forget in the heat of “battle.” The GAO’s decision in Data Recognition Corporation, B-411767.7, (January 20,…

Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order Procurements

February 3, 2016

Procurements based on federal supply schedule (FSS) contracts can be tricky -- for the Government agencies conducting them as well as the contractors hoping to win a contract. The ease with which such contracting efforts can go sideways is particularly evident in the recent decision in AllWorld Language Consultants, Inc., B-411481.3 (January 6, 2016). The decision makes clear a fundamental rule…

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Eric Whytsell to Moderate Panel at 22nd Annual FPI - Gaining Advantage on the High Seas: The Thoughtful Pirate’s Approach to Subcontract Terms and Clauses

February 28, 2016

Department of State Proposes Changes to United States Munitions List Categories VIII and XIX

February 22, 2016

If a Solicitation Ambiguity Doesn’t Become Apparent until Evaluation of Proposals, It’s Latent – and Fair Game for a Post-Award Protest

February 22, 2016

Short Take: DLA Officials Sentenced to 10 & 7 Years Respectively in Freight-Hauling Contracts Bribery Scheme

February 22, 2016

Short Take: DoD Seeking Input on Potential Rule to Address How IR&D Expenses Are Considered during Proposal Evaluation

February 16, 2016

Sixth Circuit Rejects DOJ “Fairyland” Damages Theory, and Bases False Claims Act Damages on Actual Underpaid Davis-Bacon Act Wages

February 16, 2016

Make Sure to Look at the Forest as Well as the Trees: Read Proposal Requirements in Context

February 15, 2016

Translation Firm to Pay $1.47M to Resolve Overtime and SCA Wages and Benefits Underpayments

February 9, 2016

When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial Practice

February 9, 2016

Jackson Kelly Introduces Data Privacy and Security Team

February 9, 2016

Don’t Win the Battle but Lose the War – Remember to Demonstrate Prejudice

February 3, 2016

Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order Procurements

February 3, 2016

Small Business / Socioeconomic Issues

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

Eric Whytsell to Moderate Panel at 22nd Annual FPI - Gaining Advantage on the High Seas: The Thoughtful Pirate’s Approach to Subcontract Terms and Clauses

Department of State Proposes Changes to United States Munitions List Categories VIII and XIX

If a Solicitation Ambiguity Doesn’t Become Apparent until Evaluation of Proposals, It’s Latent – and Fair Game for a Post-Award Protest

Short Take: DLA Officials Sentenced to 10 & 7 Years Respectively in Freight-Hauling Contracts Bribery Scheme

Short Take: DoD Seeking Input on Potential Rule to Address How IR&D Expenses Are Considered during Proposal Evaluation

Sixth Circuit Rejects DOJ “Fairyland” Damages Theory, and Bases False Claims Act Damages on Actual Underpaid Davis-Bacon Act Wages

Make Sure to Look at the Forest as Well as the Trees: Read Proposal Requirements in Context

Translation Firm to Pay $1.47M to Resolve Overtime and SCA Wages and Benefits Underpayments

When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial Practice

Jackson Kelly Introduces Data Privacy and Security Team

Don’t Win the Battle but Lose the War – Remember to Demonstrate Prejudice

Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order Procurements

Eric Whytsell to Moderate Panel at 22nd Annual FPI - Gaining Advantage on the High Seas: The Thoughtful Pirate’s Approach to Subcontract Terms and Clauses

Department of State Proposes Changes to United States Munitions List Categories VIII and XIX

If a Solicitation Ambiguity Doesn’t Become Apparent until Evaluation of Proposals, It’s Latent – and Fair Game for a Post-Award Protest

Short Take: DLA Officials Sentenced to 10 & 7 Years Respectively in Freight-Hauling Contracts Bribery Scheme

Short Take: DoD Seeking Input on Potential Rule to Address How IR&D Expenses Are Considered during Proposal Evaluation

Sixth Circuit Rejects DOJ “Fairyland” Damages Theory, and Bases False Claims Act Damages on Actual Underpaid Davis-Bacon Act Wages

Make Sure to Look at the Forest as Well as the Trees: Read Proposal Requirements in Context

Translation Firm to Pay $1.47M to Resolve Overtime and SCA Wages and Benefits Underpayments

When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial Practice

Jackson Kelly Introduces Data Privacy and Security Team

Don’t Win the Battle but Lose the War – Remember to Demonstrate Prejudice

Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order Procurements

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