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You’ve Accepted Transactional Data Reporting, Now What?

The Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price that the federal government paid for an item or service purchased through GSA acquisition vehicles and other data elements. The rollout of TDR across all pilot schedules is now complete. If you accepted TDR willingly or unwillingly, it’s time to understand the reporting requirements. When are the TDR Requirements Effective? Upon acceptance of the TDR pilot bilateral mass modification, the requireme

Centre Law & Consulting

Centre Law & Consulting

You Shall Not Lie: Manufacturer Pays $11.5 Million For Causing its Clients to Make False Statements

By Tyler Freiberger At Centre, we are often asked to advise on a number of compliance issues contractors face. While GSA schedule compliance, Trade Agreement Act certification, or Service Contract Act employment issues all raise eyebrows, one law rules them all – The False Claims Act (FCA).  Compliance with the FCA can be rather simple according to a recent statement by the Justice Department. “The basic legal rule in this area could be mastered by a third-grader:  Don’t lie.” – U.S. Attorney J

WOSB Rules and Musings from a Different Time

By Barbara Kinosky, I finally retrieved my dry cleaning that I had deposited at the cleaners in March.  Then Virginia shut down with my dry cleaning hostage in a remote dry cleaning storage location.  I was reunited with my clothing this month, but my suit looked like an artifact from another era.  It was like retrieving a time capsule of clothing that contained zippers and buttons and had “dry clean only” labels.  There were no elastics of any kind.  What will the business future look like? Wi

WOSB Rules and Musings from a Different Time

Written by: Barbara Kinosky, Managing Partner, Centre Law & Consulting I finally retrieved my dry cleaning that I had deposited at the cleaners in March.  Then Virginia shut down with my dry cleaning hostage in a remote dry cleaning storage location.  I was reunited with my clothing this month, but my suit looked like an artifact from another era.  It was like retrieving a time capsule of clothing that contained zippers and buttons and had “dry clean only” labels.  There were no elastics of

Women-Owned Small Business Set-Asides Remain Only Small Percentage of Overall Federal Contracts

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

Women-Owned Small Business Set-Asides Remain Only Small Percentage of Overall Federal Contracts

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

Wojciech Kornacki Writes Article on Pricing Compliance Programs for Bloomberg BNA

Reproduced with permission from Federal Contracts Report, 105 FCR (June 21, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com Effective Trade Agreements Act and Pricing Compliance Programs for Federal Supply Schedules Recent scrutiny by Sen. Charles Schumer (D-N.Y.) and a $75.5 million settlement stemming from allegations of overcharging the U.S. government send a clear message: Vendors must be compliant with their Trade Agreements Act (TAA) and pr

Wojciech Kornacki Quoted in Bloomberg BNA Article on HHS IT Competition Cancellation

Reproduced with permission from Federal Contracts Report, 105 FCR (July 27, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com HHS Couldn’t Justify IT Competition Cancellation, COFC Says The Department of Health and Human Services couldn’t justify its cancellation of an IT competition that a protester claimed was tainted by bias, the U.S. Court of Federal Claims said (Starry Assocs. Inc. v. United States, 2016 BL 241279, Fed. Cl., No. 16-44C, 7/27/1

Wishing You a Happy Thanksgiving

As we lead up to Thanksgiving later this week, many of us are in final preparations for the holiday. Some are making last minute trips to the grocery store while others are looking for pants with elastic waistbands. However you’re celebrating this year, we at Centre Law & Consulting hope you enjoy a feast filled with friends and family. We hope you have many things to be thankful for this holiday season.   About the Author Barbara Kinosky, Esq. Managing Partner Barbara Kinosky

Centre Law & Consulting

Centre Law & Consulting

When Set Asides Collide! – Kingdomware & the ‘Rule of 2’ vs. JWOD

By David Warner, “When Set Asides Collide!” Federal Circuit To Determine Precedence Of Kingdomware’s “Rule of Two” And Mandatory Procurements Under Javits-Wagner-O’Day Earlier this month, the Federal Circuit heard oral argumentin the matter of PDS Consultants, Inc. v. United States, App. No. 2017-2379, to determine whether statutory programs favoring veterans in procurements from the U.S. Department of Veterans Affairs take precedence over otherwise mandatory set asides for entities employing

Centre Law & Consulting

Centre Law & Consulting

What’s In A Name?

In its July 17, 2017, decision the GAO partially sustained a protest after an agency conducted an unreasonable past performance evaluation. Timberline LLC’s award for the maintenance and deactivation of manufactured housing units in Louisiana was protested by MLU services after MLU noticed an oddity about Timberline LLC’s submitted past performance history. Put simply, the contracts submitted for evaluation were not Timberline LLC’s. In fact, the past contracts were not even the Timberline LLC’

What I Hate About Incurred Cost Proposals

If you remember the late 1990’s romantic comedy “10 Things I Hate About You” you might know that it did a lot of great things. It provided the platform for the venerable Heath Ledger’s coming out party, introduced the world to Julia Stiles, reminded us the kid from Third Rock from the Sun was, in fact, still here on Earth, and made more than $50M at the box office. Not too bad. But as the law of unintended consequences often works, it also inspired this blog article about Incurred Cost Proposa

What Government Contractors Need to Know About the 2019 NDAA

By Heather Mims, On August 13, 2018, President Trump signed the Fiscal Year 2019 National Defense Authorization Act (2019 NDAA), which sets funding levels and outlines policy priorities for the Department of Defense (DoD). The 2019 NDAA allocated $616.9 billion for the DoD’s base budget, $69 billion for overseas contingency operations funding, $8.9 billion for mandatory defense spending, and $21.9 billion for nuclear weapons programs under the Department of Energy. The funding levels are inter

Welcome to FOIA: Where the rules are made up and the deadline doesn’t matter

By Tyler Freiberger If you represent government contractors, or if you are one, it seems eventually you will develop a love-hate relationship with The Freedom of Information Act (FOIA). The purpose and goal of FOIA is somewhat remarkable; quick access to any government information not specifically confidential or otherwise classified. But in practice, this rarely seems to be the case. Some days you need a simple piece of information; you know the Agency wrote a report, you know nothing in it is

Wayne Simpson Testifying Before the U.S. House of Representatives Committee on Veterans Affairs

On Thursday, June 29, 2017, Wayne Simpson will be testifying on behalf of the National Veterans Small Business Coalition (NVSBC), before the U.S. House of Representatives Committee on Veterans Affairs’, Subcommittee on Oversight and Investigations. The subcommittee is holding a legislative hearing on four bills related to strengthening acquisitions at the Department of Veterans Affairs (VA). These bills include H.R. 2006, H.R. 2749, H.R. 2781, and another unnumbered bill currently in draft. The

Virginia’s New Data Privacy Law

Legal Services Government Contracts Law Bid Protests Contract Claims & Disputes Government Contracts Litigation Service Contract Labor Standards Small Business Subcontracting Subcontracts & Teaming Agreements Terminations, Suspensions, and Debarment Buy American Act & Trade Agreements Act Other Transaction Authority (OTA) Litigation, Bid Protests, Claims and Disputes Bid Protests Commercial Litigation Employment Litigation Government

VETS-4212 Reporting Requirement Approaching

By Wayne Simpson, CFCM, CSCM Federal Contractor and Subcontractor Labor Reporting Requirements Under the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) VEVRAA requires Federal contractors and subcontractors covered by the Act’s affirmative action provisions to report annually to the Secretary of Labor the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans.  VEVRAA also requires Federal contractors and subcontractors to re

VETS-4212 Reporting Begins August 1, 2017

Federal Contractor and Subcontractor Labor Reporting Requirements Under the Vietnam Era Veterans Readjustment Assistance Act This is a reminder to Federal contractors and subcontractors of an important annual Federal labor reporting requirement coming due September 30, 2017.  The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requires Federal contractors and subcontractors with contracts valued at > $150,000 to annually report employment data for protected Veterans in their emplo

VA to Publicly List all Disciplined or Fired Employees Plus How DHS Spent $24.2 Million on a System it Did Not Need

In a first for the federal government, Veterans Affairs Secretary David Shulkin has announced that the VA will now publicly post all major disciplinary actions taken against its employees.  This includes all terminations, demotions, and suspensions of more than fourteen days. While the adverse action report does not include employees’ names, the list does and will continue to include the employee’s component, position, specific adverse action taken, date it took effect, and the employee’s region

VA Reduces Administrative Burden on SDVOSBs and VOSBs

The Department of Veterans Affairs (VA) published an Interim Final Rule in the February 21, 2017, edition of the Federal Register, increasing the period for re-verification examination by VA’s Center for Verification and Evaluation (CVE) of Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) program participants from two years to three years. Purpose The purpose of this change, effective February 21, 2017, is to reduce the administrative burden on SDV

VA National Acquisition Center Issues Updated Small Business Subcontracting Plan Template

Large business prime contractors holding Federal Supply Schedule (FSS) contracts issued by the Department of Veterans Affairs (VA) National Acquisition Center (NAC) may want to take note. Updated Small Business Subcontracting Plan Template The VA NAC posted an updated Small Business Subcontracting Plan Template to its website in February 2017. This latest version of the template is dated January 26, 2017. VA NAC also updated its VA FSS Subcontracting Plan Training presentation in January 2017

VA Issues Proposed Rule Governing its Veteran-Owned Small Business Verification Program

By Wayne Simpson Comments must be submitted by March 12, 2018 In the Wednesday, January 10, 2018, edition of the Federal Register, the U.S. Department of Veterans Affairs (VA) issued a proposed rule with request for public comment to amend VA’s regulations governing its Veteran-Owned Small Business Verification Program.  Public comments on the proposed rule must be submitted on or before March 12, 2018 (see below on how to submit comments). The proposed rule implements §1832 of Public Law 1

Centre Law & Consulting

Centre Law & Consulting

VA Issues Fiscal Year 2017 Small Business Goals

Small Business Contracting Goals for “Manageable Spend” On May 25, 2017, with only 128 days remaining in Fiscal Year 2017, the Secretary of Veterans Affairs issued VA’s Fiscal Year 2017 small business goals.  This is actually an improvement over when the Fiscal Year 2014 goals were issued with only 38 days remaining in the fiscal year.  Fiscal Year 2014 was the last time the Secretary of Veterans Affairs issued a Small Business Goaling Memorandum. In response to a May 24, 2017, Freedom of Info

VA Adopts Final Rule for Veteran-Owned Small Business Verification Guidelines

Interim Final Rule Adopted as Final Rule Without Change In the July 12, 2017, edition of the Federal Register, VA published its Final Rule implementing its revisions regarding the length of the eligibility period for inclusion in the VA Vendor Information Pages Database (VIP) (www.vip.vetbiz.gov).  This Final Rule implements an Interim Final Rule published in the Federal Register on February 21, 2017, extending the length of eligibility from two years to three years.  VA invited public comments
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