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
By JW Butler
The General Services Administration (GSA) will occasionally refresh the terms and conditions across all of the GSA Schedule solicitations. When a Schedule solicitation refreshes, it can be for several reasons such as adding, deleting, or amending Federal Acquisition Regulation (FAR) or General Services Administration Acquisition Regulation (GSAR) clauses or adding or revising the Special Item Numbers (SINs). Occasionally, the refresh contains simple formatting or spelling changes.
By David Warner
Last month, a divided U.S. Court of Appeals for the First Circuit ruled that a plaintiff adequately alleges “protected activity” under the False Claims Act’s whistleblower protection provision. This provision is where individuals report concerns related to conduct, that could reasonably lead to a viable FCA action. The First Circuit reversed the lower court’s prior dismissal of the action, which was based in part on the absence of any allegations of a false claim.
The plaintiff
By Barbara S. Kinosky, Esq.
There’s a revived focus on the topic and implementation of Information Technology modernization within the federal government in 2019.
IT drives innovation and innovation is the most direct route to business success. Innovation in government contracting has the same impact that steam had on the industrial revolution. In fact, it’s hard to imagine any organization that has not benefited from the digital revolution.
As we begin 2019, several government agencies have
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
By Hon. Jack Delman
We have all learned, some of us in school and some of us in the school of “life experience” that parties to a contract are bound by its terms. Not always, if one of the contracting parties is the federal government. We should know that the sovereign reserves certain unique contract prerogatives. One such prerogative is the right to invoke provisions omitted from the contract but required by law.
In G.L Christian & Associates v. United States, 312 F.2d 418 (Ct. Cl. 1963)
By Hon. Jack Delman
We have all learned, some of us in school and some of us in the school of “life experience” that parties to a contract are bound by its terms. Not always, if one of the contracting parties is the federal government. We should know that the sovereign reserves certain unique contract prerogatives. One such prerogative is the right to invoke provisions omitted from the contract but required by law.
In G.L Christian & Associates v. United States, 312 F.2d 418 (Ct. Cl. 1963)
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
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
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
By Julia Coon,
Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter.
Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition
By Julia Coon,
Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter.
Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition
By Julia Coon,
Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter. Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition
By William Weisberg, Esq,
Organizational Conflicts of Interest (OCI) are a well-known fixture of government contracting. OCI has its own FAR subsection, FAR part 9.5, and figures prominently in several GAO bid protests every year. OCIs can be waived by the Government, and mitigated by contractors, with the Government’s approval.
OCIs are situations where a contractor either has an unfair competitive advantage from previous work done, has impaired objectivity, or has other prohibited items.
I
By William Weisberg, Esq,
Organizational Conflicts of Interest (OCI) are a well-known fixture of government contracting. OCI has its own FAR subsection, FAR part 9.5, and figures prominently in several GAO bid protests every year. OCIs can be waived by the Government, and mitigated by contractors, with the Government’s approval.
OCIs are situations where a contractor either has an unfair competitive advantage from previous work done, has impaired objectivity, or has other prohibited items.
I
By William Weisberg,
Organizational Conflicts of Interest (OCI) are a well-known fixture of government contracting. OCI has its own FAR subsection, FAR part 9.5, and figures prominently in several GAO bid protests every year. OCIs can be waived by the Government, and mitigated by contractors, with the Government’s approval.
OCIs are situations where a contractor either has an unfair competitive advantage from previous work done, has impaired objectivity, or has other prohibited items.
I spend
By Angel N. Davis,
Happy New Year and Happy Contracting!
As we enter 2019, we have the opportunity to make and commit to several resolutions with the hope of remaining steadfast and following through with at least a few. As an industry, a company and an individual now is the time to set goals for the new year.
What can we expect in 2019?
2019 will undoubtedly continue being a year of technological disruption. Due to that, this year our government will place a high value on:
Acquisition ref
