By David Warner
Last month, the U.S. Supreme Court resolved a split between the federal circuit courts of appeal concerning the statute of limitations for False Claims Act (FCA) suits in which the government does not intervene. Unfortunately for contractors, the Court held that a ten-year (as opposed to six-year) limitations period can apply.
As a result, contractors face the expanded prospect of defending FCA matters that are already a decade old at the time of filing. “Good luck” locating yo
By Maureen Jamieson,
Great news! GSA is conducting market research and wants your input on the new solicitation format and the clauses and provisions to be used in the consolidated MAS solicitation set for release later this year.
GSA’s goal for this market research is to gain input on two components of the new consolidated solicitation:
The proposed format of the consolidated solicitation
The updated terms and conditions that will be found in the new solicitation
You can find the RFI o
By Hon. Jack Delman
In Total Home Health (THH), 2019 WL 1953001 (April 26, 2019), the GAO recently sustained a protest on the grounds that the Department of Veterans Affairs (VA) misled an offeror during pre-award price discussions.
The Background
The VA issued an RFP seeking proposals on multiple CLINs to provide home respiratory services and durable equipment for a VA network. Award was to be made on a “Lowest Price Technically Acceptable” basis. The VA received six proposals, including t
By Tyler Freiberger,
After a hard fight battle over arbitration agreements, many employers are learning to be careful what they wish for. In the past decade, the U.S. Supreme Court has slowly and consistently empowered forced arbitration clauses. As of last year’s decisions in Epic Systems Corp. v. Lewis, NLRB v. Murphy Oil USA Inc. and Ernst & Young LLP v. Morris, the court has made clear that employers could not put strict arbitration agreements in their employment agreements but, if writ
By Tyler Freiberger, Esq.,
After a hard fight battle over arbitration agreements, many employers are learning to be careful what they wish for. In the past decade, the U.S. Supreme Court has slowly and consistently empowered forced arbitration clauses. As of last year’s decisions in Epic Systems Corp. v. Lewis, NLRB v. Murphy Oil USA Inc. and Ernst & Young LLP v. Morris, the court has made clear that employers could not put strict arbitration agreements in their employment agreements but, i
By William Weisberg, Esq.,
Everyone “knows” that past performance is a critical part of both Best Value and LPTA competitive procurements. Everyone “knows” that CPARS ratings are the gold standard for demonstrating past performance. And everyone “knows” that once a CPARS rating is in the system, contractors are stuck with that rating: good, bad, or indifferent.
Sure, contractors can try and persuade the contracting officer to change their CPARS rating. FAR part 42.1503(d) provides a procedure
By William Weisberg, Esq.,
Everyone “knows” that past performance is a critical part of both Best Value and LPTA competitive procurements. Everyone “knows” that CPARS ratings are the gold standard for demonstrating past performance. And everyone “knows” that once a CPARS rating is in the system, contractors are stuck with that rating: good, bad, or indifferent.
Sure, contractors can try and persuade the contracting officer to change their CPARS rating. FAR part 42.1503(d) provides a procedure
By Julia Coon,
The General Services Administration (GSA) has been in the process of shutting down the legacy 72A Reporting System and transitioning all Multiple Award Schedule (MAS) contracts to the new FAS Sales Reporting Portal (SRP). The transition is expected to be completed by the end of this calendar year. Several contractors completed their final report in the 72A Reporting System last month. To help prepare for your first report in the new system, we answered some of the most frequently
By Julia Coon,
The General Services Administration (GSA) has been in the process of shutting down the legacy 72A Reporting System and transitioning all Multiple Award Schedule (MAS) contracts to the new FAS Sales Reporting Portal (SRP). The transition is expected to be completed by the end of this calendar year. Several contractors completed their final report in the 72A Reporting System last month. To help prepare for your first report in the new system, we answered some of the most frequently
By Angel N. Davis,
As a government contractor, you should understand that the Contractor Performance Assessment Report (CPAR) may very well be a predictor of how your organization might fair with future business opportunities. But don’t panic; having a better understanding of the ratings and the value of the CPAR will help you to develop a strategy for the best possible outcome.
Understand the Ratings
Before reviewing your CPAR, it is essential that you understand what each rating means as we
By Angel N. Davis,
As a government contractor, you should understand that the Contractor Performance Assessment Report (CPAR) may very well be a predictor of how your organization might fair with future business opportunities. But don’t panic; having a better understanding of the ratings and the value of the CPAR will help you to develop a strategy for the best possible outcome.
Understand the Ratings
Before reviewing your CPAR, it is essential that you understand what each rating means as we
By Wayne Simpson, CFCM, CSCM
In the Monday, May 6, 2019, edition of the Federal Register, the Department of Defense (DoD), the U.S. General Services Administration (GSA) and the National Aeronautics and Space Administration (NASA) issued Federal Acquisition Circular (FAC) 2019-02, which covers several final rules implementing two Federal Acquisition Regulation (FAR) cases, and a final rule implementing technical amendments, all of which modify the FAR.
FAC 2019-02 contains the final rule impl
By Wayne Simpson, CFCM, CSCM
In the Monday, May 6, 2019, edition of the Federal Register, the Department of Defense (DoD), the U.S. General Services Administration (GSA) and the National Aeronautics and Space Administration (NASA) issued Federal Acquisition Circular (FAC) 2019-02, which covers several final rules implementing two Federal Acquisition Regulation (FAR) cases, and a final rule implementing technical amendments, all of which modify the FAR.
FAC 2019-02 contains the final rule impl
By Heather Mims, Esq.
On April 15, 2019, the Government Accountability Office (GAO) publicly published a report regarding the Women-Owned Small Business Program (WOSB) at the request of Congress. The report identified several oversight deficiencies with the WOSB program. Overall, despite an increase of more than two million women-owned firms between 2007 and 2012, agencies have routinely not been meeting the prime contracting goal of awarding five percent of all prime contracting dollars to WOS
By Heather Mims, Esq.
On April 15, 2019, the Government Accountability Office (GAO) publicly published a report regarding the Women-Owned Small Business Program (WOSB) at the request of Congress. The report identified several oversight deficiencies with the WOSB program. Overall, despite an increase of more than two million women-owned firms between 2007 and 2012, agencies have routinely not been meeting the prime contracting goal of awarding five percent of all prime contracting dollars to WOS
TYSONS, Va., — Centre Law & Consulting, a law firm specializing in the unique needs of federal government contractors, is pleased to welcome Jonathan S. Spaeth as a partner and Chief Operating Officer. Jon brings Centre not only outstanding litigation skills but also an extraordinary understanding of business strategy from his unique blend of law firm and in-house general counsel experience.
Jon was a partner for many years at the Washington, D.C. office of Akin, Gump, Strauss, Hauer &
TYSONS, Va., — Centre Law & Consulting, a law firm specializing in the unique needs of federal government contractors, is pleased to welcome Jonathan S. Spaeth as a partner and Chief Operating Officer. Jon brings Centre not only outstanding litigation skills but also an extraordinary understanding of business strategy from his unique blend of law firm and in-house general counsel experience.
Jon was a partner for many years at the Washington, D.C. office of Akin, Gump, Strauss, Hauer &
By David Warner
Almost exactly four years ago, Centre issued a blog post regarding the status of the Obama Administration’s effort to revise the standards for determining whether an employee may be “exempt” for purposes of entitlement to overtime under the Fair Labor Standards Act (FLSA). Ultimately, the Obama DOL issued regulations that would have more than doubled the FLSA’s minimum salary requirement from $23,660 to $47,476 per year – affecting the status of an estimated 4.2 million workers.
By David Warner
Almost exactly four years ago, Centre issued a blog post regarding the status of the Obama Administration’s effort to revise the standards for determining whether an employee may be “exempt” for purposes of entitlement to overtime under the Fair Labor Standards Act (FLSA). Ultimately, the Obama DOL issued regulations that would have more than doubled the FLSA’s minimum salary requirement from $23,660 to $47,476 per year – affecting the status of an estimated 4.2 million workers.
By Maureen Jamieson,
On March 18, 2019, the U.S. General Services Administration (GSA) announced that Ernst and Young LLP (EY) was awarded a one-year base and four option period, $41.8 million contract for entity validation services for the federal award process. Entity validation services are critical because the federal government must validate the identity of each entity (company, individual or organization) wanting to do business with the government.
Dun & Bradstreet, who established t
By Maureen Jamieson,
On March 18, 2019, the U.S. General Services Administration (GSA) announced that Ernst and Young LLP (EY) was awarded a one-year base and four option period, $41.8 million contract for entity validation services for the federal award process. Entity validation services are critical because the federal government must validate the identity of each entity (company, individual or organization) wanting to do business with the government.
Dun & Bradstreet, who established t
By Hon. Jack Delman
In Apogee Engineering, LLC, 2019 CPD 85, 2019 WL 927366 (February 21, 2019), the GAO recently sustained a protest, due to, among other things, the agency’s failure to show that it performed an adequate price realism evaluation as required by the RFP.
The Department of Transportation, Office of the Secretary of Transportation (agency), issued the RFP as a competitive set aside under the SBA’s 8(a) program. The RFP contemplated the award of a labor hour contract with fixed-pr
By Hon. Jack Delman
In Apogee Engineering, LLC, 2019 CPD 85, 2019 WL 927366 (February 21, 2019), the GAO recently sustained a protest, due to, among other things, the agency’s failure to show that it performed an adequate price realism evaluation as required by the RFP.
The Department of Transportation, Office of the Secretary of Transportation (agency), issued the RFP as a competitive set aside under the SBA’s 8(a) program. The RFP contemplated the award of a labor hour contract with fixed-pr
By Tyler Freiberger,
One of the most common frustrations in preparing bid protests for government contractors is the feeling that protests centered on stark price differences are dead on arrival due to the vague nature of “price reasonableness evaluations” and the seemingly infinite deference a federal agency has on that determination. However, as shown in a recent Government Accountability Office (“GAO”) decision, there is hope as the GAO increasingly pushes back on agencies’ unspecified or co
By Angel N. Davis,
Once upon a time, most Government Contracting firms were small. As we all know, growing a business is no small achievement and requires a tremendous amount of perseverance, hard work and a dedicated team focused on delivering exceptional products and services to your customers.
Building It
Government Contracting businesses have the potential for substantial growth margins. So, when launching your first-class contracting business, you’ll first want to develop a business plan
