In the first post of this series, we discussed “the good” of open-source software and why federal buyers should find it attractive. However, when it comes to the federal government accepting open-source code with open arms,...more
Join the HUBZone Council as They Celebrate Their 20th Anniversary -
On January 17, 2020, the HUBZone Contractors National Council will be hosting its first EVER HUBZone Industry Awards Gala in Baltimore, MD, at Morgan...more
1/13/2020
/ Construction Contracts ,
Cybersecurity ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
HUBZone ,
Native American Issues ,
NDAA ,
OIG ,
SBA ,
Small Business
Open-source code is all the rage. With developers at Fortune 500 companies and hobbyists alike using it to make better products and cut development costs, it is ubiquitous in the commercial market, and government contractors...more
LABOR & EMPLOYMENT LAW -
DoL Collected a Record Amount in Discrimination Settlements in Fiscal Year 2019 -
According to Bloomberg Government, the Department of Labor (DoL) collected more than $27 million from federal...more
10/23/2019
/ Collective Bargaining Agreements (CBA) ,
Comment Period ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Joint Venture ,
OFCCP ,
Presidential Memorandum ,
Proposed Rules ,
SBA ,
Small Business ,
Trump Administration
The ability to suspend and debar contractors is a tool the federal government can deploy when necessary to protect it from unscrupulous contractors. Critically, it is not intended to be used punitively. The reason for this is...more
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES -
CLIENT ALERT: SBA to Increase Size Standards with Inflationary Adjustment, July 17, 2019 -
On July 18, 2019, SBA issued an interim final rule increasing the receipts-based...more
7/24/2019
/ Acquisitions ,
CPARS ,
Cybersecurity ,
Data Collection ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Mergers ,
Pay Data ,
SBA ,
Trump Administration
As I am sure many of you know and have read about already, the first False Claims Act (“FCA”) case, US. Ex rel. Markus v. AeroJet Rocketdyne Holdings, Inc., et. al., No. 2:15-cv-2245, has been filed in the Eastern District of...more
GOVERNMENT CONTRACTING -
Gene L. Dodaro, Comptroller General of the United States, testified before the Senate Committee on Homeland Security and Governmental Affairs about the Government Accountability Office’s (GAO)...more
3/11/2019
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
GAO ,
NLRB ,
OMB ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Title VII
The Legal Advisor is a newsletter distributed by the firm to our clients, friends and business contacts. The publication addresses current issues that are of concern to federal government contractors and commercial businesses...more
GOVERNMENT CONTRACTING -
The General Services Administration (GSA) implemented a new process in SAM that allows non-federal entity registrants to submit common federal government-wide Representations and Certifications for...more
2/19/2019
/ Bribery ,
Cybersecurity ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Equal Employment Opportunity Commission (EEOC) ,
False Claims Act (FCA) ,
Federal Contractors ,
General Services Administration (GSA) ,
Kickbacks ,
Lockheed Martin ,
NPRM ,
Puerto Rico ,
System For Award Management (SAM) ,
Wage and Hour
While there has been extensive coverage of the fact that Truth in Negotiations Act (“TINA”) thresholds for DoD were increased from $750,000 to $2M and certain civilian agencies have adopted the thresholds either via a FAR...more
With proposals costing hundreds of thousands of dollars and many IDIQs having 50 or more awardees, it can easily happen that some contractors who win a spot on a contract are unable to capitalize on it and simply stop trying...more
RULES AND REGULATIONS -
The Department of Veterans Affairs (VA) issued a proposed rule on November 29, 2018 proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any...more
12/3/2018
/ Bid Protests ,
Bribery ,
Criminal Conspiracy ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Employer Liability Issues ,
Explosives ,
Federal Contractors ,
Federal Procurement Systems ,
Fraud ,
Gender Discrimination ,
General Services Administration (GSA) ,
Hazardous Waste ,
OFCCP ,
Pregnancy ,
Proposed Legislation ,
Proposed Rules ,
Reasonable Accommodation ,
Retailers ,
SDVOSB ,
Sexual Orientation Discrimination ,
Tax Evasion ,
VA Acquisition Regulation (VAAR)
As we noted in our May 2, 2018, post on the possible 809 Panel recommendations for bid protests, the Panel was planning to make radical changes to the bid protest process at DOD, which would lead to less oversight and...more
As we have noted in the past, when the 809 Panel first convened, a number of the members believed that small business programs provided little for the warfighter at DOD and, thus, were simply unnecessary....more
It is a well-known fear of many small business federal contractors that, if you are too successful, it may be the death knell for the business. Every small business set aside is restricted to only those companies whose...more
The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more
Published by Set-Aside Alert Newsletter: In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to...more
SMALL BUSINESS ADMINISTRATION -
Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards -
Columbia-based MassTech,...more
Back when you started your small business, and the very prospect of making payroll for the month was nerve-wracking, you probably never imagined that your company might actually become too successful. Now, as you get closer...more
DEPARTMENT OF DEFENSE -
Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts -
The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more
5/7/2018
/ Audits ,
Bid Protests ,
Cyber Threats ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Liquidated Damages ,
NASA ,
Paid Sick Leave Act ,
SBA ,
Small Business ,
Subcontractors ,
Verification Requirements
In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to streamline and improve the Department of...more
The common assumption is that Millennials move quickly between jobs, never truly laying down roots for the long-term. The United States Government Accountability Office (“GAO”) conducted its own study, which focused on...more
DEPARTMENT OF DEFENSE -
Contractors on Board with Defense Department Budget Request -
The defense contracting industry has had a positive reaction to President Donald Trump’s fiscal year 2019 Defense Department budget...more
In a recent case with wide-ranging implications, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed the broad nature of SBA’s general rule that a contractor maintains its size and...more