Jump to content
The Wifcon Forums and Blogs

  • entries
    339
  • comments
    6
  • views
    15,099

Entries in this blog

FAC 2019-02 Issued

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

FAC 2019-02 Issued

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

Expansion of Buy American Act Requirements are Coming – Including the Addition of Cyber Projects

By Heather Mims, Esq. In general, the Buy American Act (“BAA”) requires the United States government to give a preference to American-made products. When applied to a specific procurement, a contractor must provide an end-product that was manufactured in the United States and must also certify that more than fifty percent of the cost of all the parts were manufactured in the United States. Executive Orders Since its implementation in 1933, numerous exceptions and interpretations have develope

Centre Law & Consulting

Centre Law & Consulting

Executive Order for More Accountability at Department of Veterans Affairs

The Department of Veterans Affairs (VA) has come under intense scrutiny from Congress, Veterans, and taxpayers in recent years in large part due to its patient wait time scandal. The first bills to pass the U.S. House of Representatives in the current 115th Congress included The Ensuring VA Employee Accountability Act. The Congress.gov website has numerous current bills pending pertaining to VA accountability, and there was no shortage of proposed accountability legislation in the 114th Congre

EPA Issues Final Rule on Self-Certification for Disadvantaged Business Enterprises

The Environmental Protection Agency (EPA) has issued a final rule regarding self-certification for Disadvantaged Business Enterprises (DBE) in procurements under EPA financial assistance agreements, which will be effective on October 26, 2016 if no adverse comment is received. If an adverse comment is received by the EPA, the rule will be withdrawn. However, the EPA expects to receive no adverse comments. Current Major Components of the EPA’s DBE Program EPA’s DBE Program was first implemente

Centre Law & Consulting

Centre Law & Consulting

End of Summer Employment Law Developments

For those of you enjoying these last few days of summer, here is a quick hit guide to recent employment developments to be aware of before you rush back into the full swing of things: Fair Pay and Safe Workplaces Executive Order The Department of Labor (DOL) announced yesterday that the final regulations implementing the Fair Pay and Safe Workplaces Executive Order will be published today. The regulations (which cover contractor self-reporting of labor law violations) will become effective O

EEOC Issues New Publication on Employer-Provided Leave Under ADA

Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued a publication related to the rights of individuals with disabilities under the Americans with Disabilities Act (ADA) when requesting leave from work as a reasonable accommodation. While the ADA clearly requires employers provide qualified disabled individuals with a “reasonable accommodation” to permit the individual to perform the essential functions of the job, the entitlement to leave as such an accommodation has bee

EEO, “Do’h!!”-Deadline for Contractors’ Submission of EEO-1 Wage and Hour Data on the Horizon

By David Warner Gone are the Halcyon days, when it looked like the Trump Administration might overturn EEO-1 wage and hour reporting requirements adopted during the prior administration, as the first batch of reports is due to be submitted by contractors on or before September 30, 2019. To make matters more confusing, technically the Trump Administration is still trying to overturn the wage reporting requirements but, unless something unexpected happens, September 30 is still the applicable dea

Earning Only 78% Of What A Similarly Situated Male Employee Is Paid? Call Me!

Alas, I am not expecting my phone to start ringing off the hook. But the week of “Equal Pay Day” is as good a time as any for contractors to kick the tires on their pay practices to ensure observed pay disparities are supported by legitimate differentiators. Perhaps no employment statistic is bandied about so frequently in politics and the press than the “gender pay gap” whereby women are purported to earn only 78 cents for every dollar earned by men. With April 4 having been “Equal Pay Day,” m

Early Bird Rates Have Arrived on 2017 Training Courses

It’s that time of year again! Early bird rates have arrived on all 2017 training courses! Visit our Training Calendar to see the full slate of courses, and be sure to use code EARLYBIRD2017 to save $100 off your registration fee when signing up before December 30, 2016. The post Early Bird Rates Have Arrived on 2017 Training Courses appeared first on Centre Law & Consulting. View the full article

Centre Law & Consulting

Centre Law & Consulting

Dumpster Fire, Constitutional Crisis, or Perhaps Just Business as Usual

Say what one will about our still-new President (and I will), there appear to be very few among the chattering class who hold a “neutral” view about him. A little over 100 days into his administration and certain corners are already routinely beating the drum of impeachment. And the ink spilled over the Comey firing and recent reports concerning what was either a benign discussion of known intelligence information (from one perspective) or the revealing of “highly classified information” to his

Don’t Get Caught By the Federal Civil Penalties “Catch up” Adjustments

On June 7, 2016, the U.S. Department of State announced that it is implementing “catch-up” adjustments to the maximum amounts of the monetary penalties it assesses for regulatory violations. Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, federal agencies must make a one time “catch-up” adjustment to their civil monetary penalties in order to account for inflation. Federal agencies are required to publish interim final rules with the initial penalty adjustmen

Don’t be Left Holding the Bag – Why It’s More Important than Ever to Thoroughly Review Your Government Contract Before Signing

By Edward W. Bailey, Boeing just challenged a recent ruling by the Court of Federal Claims which has wide-reaching implications for government contractors. In a May decision, the Court held that, by executing a contract with the government, Boeing had waived its right to challenge the government’s inclusion in the contract of certain mandatory FAR provisions. If the decision were to stand, it would seemingly mean that a contractor’s only recourse in such a situation would be to file a pre-award

Centre Law & Consulting

Centre Law & Consulting

Don’t be late! eSRS Submissions Due October 30, 2017

By Wayne Simpson Prime contractors with contracts containing commercial subcontracting plans are required to file a Summary Subcontract Report (SSR) (formerly Standard Form 295), reporting the accomplishments under their respective subcontracting plans in the Electronic Subcontracting Reporting System (eSRS) for the 12-month period ending September 30, 2017, no later than October 30, 2017. eSRS is the official Governmentwide System designated for small business subcontracting program reporting

Centre Law & Consulting

Centre Law & Consulting

DOL Releases New Opinion Letters Expanding FLSA Exemptions

By Tyler Freiberger, Following a nine-year gap, in January 2018 the Department of Labor (DOL) again began releasing voluntary opinion letters in response to common or unique questions. The initial batch of released letters only reinstated opinions from 2009 that had been withdrawn for “further consideration.” So the two letters released in April of this year, and the four released last week, are the first original works of the Trump administration’s DOL’s policies. I’ll warn you now, none of t

Centre Law & Consulting

Centre Law & Consulting

DOL Raises (and Lowers) Health and Welfare Fringe Rate for Service Contractors

Just when you thought Service Contract Act compliance couldn’t get any more complicated, along comes the U.S. Department of Labor (“DOL”) to prove you wrong. Last week, the DOL issued All Agency Memorandum No. 225 which increased the applicable Health and Welfare (“H&W”) fringe rate from $4.27 per hour to $4.41 effective today, August 1, 2017. While the adjustment to H&W was expected, the DOL’s actions with respect to federal contracts subject to Executive Order 13706 was not. As a ref

DOL Breaks Records in Wage & Hour Enforcement: How Employers Can Protect Themselves in 2020

By Edward W. Bailey,   Soon after the end of fiscal year 2019, the Department of Labor (“DOL”) reported that its Wage and Hour Division (“WHD”) had made record breaking recoveries against employers. In its year-end report, the DOL revealed that it collected a remarkable $322 million in back-wages owed to workers. WHD’s new administrator, Cheryl Stanton, stated the following in response to the news: True to Ms. Stanton’s comment, the DOL’s report did not only tout its enforcement but also th

Centre Law & Consulting

Centre Law & Consulting

DOJ Continues to Increase False Claims Act Penalties

By Heather Mims, Esq. The False Claims Act (FCA) generally provides that any person who knowingly submits a false claim to the government is liable for triple the government’s damages plus a penalty for each violation. Over recent years, the Department of Justice (DOJ) has gradually increased the penalty for each violation of the FCA, apparently owing to inflation. As the penalty accrues for each violation of the Act, penalties can run into the millions of dollars, as each improper invoice or c

DOD Attempted to Drastically Shorten Bid Protest Deadline at Court of Federal Claims

By Heather Mims Currently, an unsuccessful offeror may file a protest with the Government Accountability Office (“GAO”) and, if the protest is denied, file suit at the United States Court of Federal Claims (“COFC”). However, the Department of Defense (“DOD”) sought to change that. On April 3, 2018, the DOD submitted its Fourth Package of Legislative Proposals Sent to Congress for Inclusion in the National Defense Authorization Act for Fiscal Year 2019. Of particular interest to contractors, DO

Do You See a Link Between Maintaining Your GSA Schedule and the Movie Psycho?

By Maureen Jamieson As quoted by Norman Bates in Psycho – “She just goes a little mad sometimes. We all go a little mad sometimes. Haven’t you?” I’m not naming names, but I have worked with many clients who have gone quite mad when working to ensure compliance with their GSA Schedules. Having just celebrated Halloween, I am reminded of some frightening misconceptions surrounding GSA Schedules. Maintaining compliance with your schedule can be a grueling experience. Let’s not forget that blood-c

Centre Law & Consulting

Centre Law & Consulting

Disabled Workers Hit Hard by Shutdown

By Tyler Freiberger, One month and two days and still 800,000 federal employees are currently working without pay as a result of the “partial” government shutdown. As many employees struggle to afford basic necessities it’s only slight comfort that Congress has already passed the law authorizing back pay when the shutdown ends. While the hardship of these government employees deserves the mass media’s coverage, there are also over four million federal contractors supporting the federal governme

Centre Law & Consulting

Centre Law & Consulting

Disabled Workers Hit Hard by Shutdown

By Tyler Freiberger, Esq. One month and two days and still 800,000 federal employees are currently working without pay as a result of the “partial” government shutdown. As many employees struggle to afford basic necessities it’s only slight comfort that Congress has already passed the law authorizing back pay when the shutdown ends. While the hardship of these government employees deserves the mass media’s coverage, there are also over four million federal contractors supporting the federal gov

Centre Law & Consulting

Centre Law & Consulting

Disabled Workers Hit Hard by Shutdown

By Tyler Freiberger, Esq. One month and two days and still 800,000 federal employees are currently working without pay as a result of the “partial” government shutdown. As many employees struggle to afford basic necessities it’s only slight comfort that Congress has already passed the law authorizing back pay when the shutdown ends. While the hardship of these government employees deserves the mass media’s coverage, there are also over four million federal contractors supporting the federal gov

Centre Law & Consulting

Centre Law & Consulting

Dirty Rotten Scoundrels

Trick question, how much does the government charge contractors to register for SAM or any other government database?  The answer is zero, zip, zilch.   There is no charge to register for any government database.  And neither the Wizard of Oz nor any of these vendors can get you no bid contracts from any federal agency. Let’s start with Mr. Pirolo and his FEMA contract registration scheme. FEMA Contract Registration.   Michael Pirolo, the owner of Government Contract Registry (GCR) was sentence

Department of Labor Publishes Final Rule For OFCCP Sex Discrimination Guidelines

The U.S. Department of Labor issued a final rule revising its sex discrimination guidelines for federal contractors found at 41 CFR Part 60-20. The final rule is effective August 15, 2016, is the first significant change to the guidelines since 1970, and it clarifies DOL positions with respect to issues of compensation, pregnancy, and harassment among others. Unsurprisingly given recent amendments to EO 11246, the Rule also provides specific guidance with respect to issues regarding sexual orien
×
×
  • Create New...