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Debriefings: A Modest Proposal

By William Weisberg, Esq., So, I was asking myself, what about government contracts drives me up a wall?  More particularly, what is most frustrating to me, as a practicing procurement lawyer?  Easy: debriefings.  We (at least contractor “we”) have participated in debriefings where the government “script” was some variation on: “Your proposal was terrible.  Here is [insert the absolute minimum to fill up a page or five minutes of phone time, no matter the size or complexity of the procurement].

Centre Law & Consulting

Centre Law & Consulting

Dear Pentagon: $10 Billion is Plenty to Share

By Barbara Kinosky, The Pentagon is in quite the debacle with tech giant, Oracle – who filed a pre-award protest challenging the DoD’s single-award approach on the much anticipated $10 billion cloud computing contract. This massive contract called the Joint Enterprise Defense Infrastructure, cleverly abbreviated as JEDI, is causing a lot of hoopla in the technology industry. Oracle’s protest is so far in advance of pre-award it is in a new category of “protest before contractors have even subm

David Warner to Be Featured Speaker at Next NCMA Greater Baltimore Meeting

If you are in the Baltimore area, join David Warner at the next NCMA Greater Baltimore Chapter meeting. On May 11, David will be the featured speaker presenting the “Annual Update on Federal Contracting and Legislation” where he’ll look back at the first 100+ days of the Trump Administration and review the latest legislation on the Hill, Executive Order and FAR updates, changes in the small business rules, employment regulations, bid protests, and news on the GSA Schedules. What:   NCMA Grea

David Warner on Federal Drive with Tom Temin

On September 15, 2015, President Obama signed the Executive Order requiring federal contractors and subcontractors to provide one hour of paid sick leave for every 30 hours worked, up to at least seven days per year. It presents both a cost and an administrative burden. David Warner, partner at Centre Law and Consulting joined Federal Drive with Tom Temin to explain what this means to contractors. Hear the interview.   David Warner and Tom Temin. Photo credit: Eric White, Federal News Radio

Cybersecurity Program Maturity

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

Cybersecurity for Federal Contractors: You Are Ready, Aren’t You?

Dec. 31, 2017 should be an important date for Department of Defense contractors, since by that date you will be expected to be following the cybersecurity requirements of the National Institute of Standards & Technology (NIST) Special Publication 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations.”  Although this deadline specifically applies to the DOD, all federal contractors should be familiar with the NIST standards for Non-Federa

Current GSA Contractors Alert – Consolidation Mass Modification Rollout Begins

By Julia Coon, The General Services Administration (GSA) has begun issuing the mass modifications for Phase II of the Multiple Award Schedule consolidation. Current GSA contract holders will be receiving a mass modification for each contract updating the Special Item Numbers (SINs) and terms and conditions in accordance with the new consolidated Multiple Award Schedule (MAS). Your contract number, period of performance, and items on your contract will NOT change as a result of this mass modific

Centre Law & Consulting

Centre Law & Consulting

CPARS: It’s a Ratings Game

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

CPARS: It’s a Ratings Game

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

COVID-19 Funding Brings Enforcement Risks

By Heather Mims, Esq. In these unprecedented times, when the Government is handing out literally trillions of dollars of cash, a certain amount of unscrupulous behavior is almost certainly to follow. While the economic stimulus plan will provide desperately needed help to plenty of worthy small businesses, it will also surely be rife with fraud – and the Government will be on the lookout for deceitful contractors. The Government is acting quickly to hand out payments to those in need but ambig

COVID-19 and Employee Accommodations: Current State of EEOC Guidance

By David Warner, Last week, the Equal Employment Opportunity Commission (EEOC) issued updated technical assistance questions and answers entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” It was the second update to the guidance this month. If history is our guide, the science and guidance may be different by the end of next month; but the EEOC’s Q&A currently represents the most up to date direction for employers as they eye reopening of

Court Awards Equitable Adjustment for Legal Fees to Defend Qui Tam Suit!

By Hon. Jack Delman The Court of Federal Claims recently awarded an equitable adjustment (EA) to a contractor providing reimbursement of legal fees to successfully defend a False Claims Act (FCA) action. The Tolliver Group v. United States, No. 17-1763C, 1/22/20. The Facts In 2011 the Army awarded the contractor a firm fixed price level of effort contract to develop and deliver technical manuals for an Army mine clearing vehicle.  The PWS required the Army to deliver government furnished prop

Centre Law & Consulting

Centre Law & Consulting

Count Your Blessings- A Thousand DOL Audit Letters Never Looked So Good

By Tyler Freiberger To much international acclaim, earlier this year Iceland introduced a new equal pay act to fight discrimination against protected classes, particularly historically underpaid women. The introduction of the Act made the cover of Time magazine and garnered wide-spread attention on the 24-hour news networks’ cycles. While the historic Act may warrant such coverage, for domestic industry insiders the celebration of Iceland’s legislative prioritization of gender equality may ring

Centre Law & Consulting

Centre Law & Consulting

Costs for Filing Bid Protest Denied Even When Agency Does Not Dispute a Meritorious Protest

In a recent GAO decision, Boise Cascade Wood Products, LLC, B-413987.2 (Apr. 3, 2017), the GAO denied a small business’ request for reimbursement of the costs of filing and pursing a bid protest where the protester argued that the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. In this matter, the protester pursued a protest against the Forest Service, which involved both a timber sale and a procurement of services. Specifically, the Forest Service i

Cooperating with DOL Investigation Does Not Protect You from Debarment

On December 28, 2016, the Department of Labor (DOL) filed a complaint with the DOL Office of Administrative Law Judges seeking debarment of a contractor for violation of the Service Contract Labor Standards (formerly the Service Contract Act). The contractor, Restaurant Associates LLC, runs the cafeteria in the Dirksen Senate Office Building. Even though Restaurant Associates won a seven year contract extension in December 2015 to continue operating the cafeteria, the company would be prohibited

Centre Law & Consulting

Centre Law & Consulting

Contractors: Think Your Government Doesn’t Care? — Think Again!

By Wayne Simpson, CFCM, CSCM The government has on occasion been accused of treating offerors and contractors unfairly, if not downright poorly.  Perhaps from time to time you even perceive being treated unfairly in the conduct of a procurement.  Sadly, we hear this all the time.  But now the government is considering the potential benefits of obtaining voluntary feedback surveys from the vendor community on a regular basis. The Department of Defense (DoD), the General Services Administration

Contractor’s Claim Against U.S. Stays Out of COFC

By Tyler Freiberger, Esq., A federal contractor has used a rare exception to keep its case for monetary damages against the Government out of the Court of Federal Claims (“COFC”). In J-Way Southern Inc. v. U.S., the United States District Court for the District of  Massachusetts has denied the Government’s request to remove the case despite the long standing that the COFC has exclusive jurisdiction over contract claims against the U.S. in excess of $10,000. There are distinct advantages if con

Contractor Claims in a COVID-19 World

By Hon. Jack Delman Our new COVID-19 (COVID) world brings special risks and unanticipated cost in the performance of federal contracts, particularly for those contractors holding fixed price contracts. Below we suggest various ways through which a contractor can mitigate some of these challenges. YOUR RIGHTS UNDER YOUR CONTRACT AND THE LAW If COVID impacts the timeliness of your performance, you should be entitled to additional time to perform your contract. It is likely that COVID will be co

Contracting in the Time of Coronavirus

Written by: Heather Mims, Associate Attorney, Centre Law & Consulting As we’ve previously written, COVID-19 funding for government contractors is fraught with enforcement and audit risks (while False Claims Act penalties continue to increase). To document this funding, the Government Accountability Office (“GAO”) recently issued a report to Congress titled COVID-19: Opportunities to Improve Federal Response and Recovery Efforts. In the Report, the GAO gathered available obligation and expen

Contracting in the Time of Coronavirus

Written by: Heather Mims, Associate Attorney, Centre Law & Consulting As we’ve previously written, COVID-19 funding for government contractors is fraught with enforcement and audit risks (while False Claims Act penalties continue to increase). To document this funding, the Government Accountability Office (“GAO”) recently issued a report to Congress titled COVID-19: Opportunities to Improve Federal Response and Recovery Efforts. In the Report, the GAO gathered available obligation and expen

Consolidation, Consolidation, Consolidation: It’s Coming, Are You Ready?!

By Angel N. Davis, There is an on-going buzz surrounding the upcoming GSA Multiple Award Schedule (MAS) Consolidation. If you haven’t heard (I am not sure where you’ve been), GSA is consolidating 24 schedules for products, services, and solutions, into one single platform. This initiative will have an impact on all schedule holders. This is what you need to do to be prepared for this upcoming implementation: All twenty-four individual schedules, including service and product schedules, are b

Centre Law & Consulting

Centre Law & Consulting

Congratulations GSA! As Promised, the Consolidated Schedule was Released on October 1

By Maureen Jamieson   Call me a skeptic. I had my bets along with others that the Consolidated Schedule would not be released on October 1, 2019. I’ve lived through many disappointments over my years working on Multiple Award Schedules (MAS). I remember the promises of no more Schedules Input Program (SIP) and the advent of the Formatted Price List.  Then a few years ago the release of the Formatted Product Tool (FPT) only to be told that tool was being discontinued by the General Services Ad

Centre Law & Consulting

Centre Law & Consulting

Confused by GSA’s Sales Reporting System Transition?

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

Confused by GSA’s Sales Reporting System Transition?

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

Communication, Consistency and … the OFCCP?

By David Warner, As most federal contractors are aware, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) is the agency responsible for ensuring that contractors and subcontractors doing business with the U.S. government comply with affirmative action and non-discrimination obligations under federal laws, executive orders, and regulations. In September 2016, the Government Accounting Office (“GAO”) issued a report recommending that OFCCP review its complian
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