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Proper Classification of Workers is Important for Compliance with FLSA and SCLS

By now you have probably heard that the Department of Labor’s regulations for the white-collar exemptions to overtime compensation were finalized and will be effective December 1, 2016. You are probably also aware that your company should be analyzing how its employees are classified to ensure it is prepared to comply with the regulations come December 1. What you may not have thought about is how your analysis (and any changes to employee exemption status) may impact your federal government con

President Trump Revokes Executive Order Providing for Nondisplacement of Qualified Workers

By Heather Mims, Esq. Under Executive Order 13495, the policy of the Federal Government was that all Service Contract Act covered contracts over the simplified acquisition threshold were to include a contract clause requiring contractors to make good-faith offers of employment to predecessor SCA-covered employees.  However, on October 31, 2019, President Trump issued an “Executive Order on Improving Federal Contractor Operations by Revoking Executive Order 13495” which requires the “Secretary o

Centre Law & Consulting

Centre Law & Consulting

President Trump Notwithstanding, Employment Law Compliance Should Remain A Top Concern in 2017

Over the last few years, the contractor community has braced itself to comply with a slew of new employment regulations issued as a result of Executive Orders by President Obama. These include Paid Sick Leave (up to 7 days), Minimum Wage ($10.20), Fair Pay and Safe Workplaces (reporting of labor law violations and paystub requirements, among others), and the Department of Labor’s regulations increasing the dollar threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). Howev

Centre Law & Consulting

Centre Law & Consulting

Pre-Award Audit: Is it Time to Panic?

Are you prepared for a letter from the U.S. General Services Administration Office of Inspector General (GSA OIG) stating that your company has been selected for a pre-award audit of the Commercial Sales Practice (CSP) pricing information that will become the basis for the pricing on your contract option extension? The Primary purpose of a Pre-Award Audit The purpose of the pre-award audit pursuant to Clause 52.215-21 Alternate IV (GSAM 515.408(a) (4) of the contract is to ensure that the CSP

Centre Law & Consulting

Centre Law & Consulting

Photo Finish Bid Decision Survives Protest

In its May decision, the Government Accountability Office (GAO) denied a bid protest despite agreement that the contract award was all but a tossup. After a three year phased acquisition competition between two contractors for the design of radio detection software used in the U.S. Air Force Special Operations Command aircraft, neither contractor had pulled far ahead of the other. The lack of distinction came even with a complicated and detailed evaluation. From the two factors considered, the

Phase 2 – Multiple Award Schedules (MAS) Consolidation

By Julia Coon, The General Services Administration (GSA) completed Phase 1 of the Multiple Award Schedule (MAS) consolidation on October 1, 2019 when the new MAS solicitation consolidating the twenty-four legacy Schedules into one single solicitation was published. Phase 2 of the MAS consolidation will begin in January 2020 when GSA issues a mass modification to all existing contract holders. The mass modification will update all terms and conditions to match the new MAS solicitation. Once the

Centre Law & Consulting

Centre Law & Consulting

Pentagon Issues Internal Warning Against Use of Lenovo Equipment

Uh-oh, Lenovo… On September 26, the Pentagon’s Directorate for Intelligence, J-2, reportedly issued an internal report warning against the use of equipment made by computer manufacturer Lenovo because of concerns regarding potential cyber spying against defense networks. J-2 supports the Chairman of the Joint Chiefs of Staff, the Secretary of Defense, Joint Staff, and Unified Commands, and it is the national focal point for crisis intelligence support to military operations, indications, and wa

Centre Law & Consulting

Centre Law & Consulting

Pentagon Issues Internal Warning Against Use of Lenovo Equipment

Uh-oh, Lenovo… On September 26, the Pentagon’s Directorate for Intelligence, J-2, reportedly issued an internal report warning against the use of equipment made by computer manufacturer Lenovo because of concerns regarding potential cyber spying against defense networks. J-2 supports the Chairman of the Joint Chiefs of Staff, the Secretary of Defense, Joint Staff, and Unified Commands, and it is the national focal point for crisis intelligence support to military operations, indications, and wa

Centre Law & Consulting

Centre Law & Consulting

Paycheck Protection Program Becomes More Flexible

By Heather Mims, Esq. An aptly titled bill, President Trump signed the Paycheck Protection Flexibility Act into law on June 5, 2020. The Act would ease several restrictions on companies that borrow money under the Paycheck Protection Program (PPP). You can read more about the Paycheck Protection Program here and here. Generally, the new Act gives businesses more time and flexibility to make qualifying expenditures on loan forgiveness as well as allowing businesses with forgiven loans to defer p

Part B of Section 889 Legislation Goes Into Effect on August 13, 2020

By JW Butler Section 889 legislation initially introduced as a part of the Fiscal Year (FY) 2019 National Defense Authorization Act (NDAA) has now been released in Part A and Part B. Both parts have been incorporated into the Federal Acquisition Regulation (FAR) as FAR subpart 4.21 to combat national security and intellectual property threats against the United States. This legislation will impact any company doing business that uses equipment or services in their day-to-day operations from fiv

Part B of Section 889 Legislation Goes Into Effect on August 13, 2020

By JW Butler Section 889 legislation initially introduced as a part of the Fiscal Year (FY) 2019 National Defense Authorization Act (NDAA) has now been released in Part A and Part B. Both parts have been incorporated into the Federal Acquisition Regulation (FAR) as FAR subpart 4.21 to combat national security and intellectual property threats against the United States. This legislation will impact any company doing business that uses equipment or services in their day-to-day operations from fiv

Ownership & Control of Service-Disabled Veteran-Owned Small Businesses

By Wayne Simpson, CFCM, CSCM SBA Issues Proposed Rule –Comments due by March 30, 2018   The U.S. Small Business Administration (SBA) published its proposed rule for Ownership and Control of Service-Disabled Veteran-Owned Small Business Concerns in the Monday, January 29, 2018, edition of the Federal Register. The proposed rule, part of a joint effort by VA and SBA to reduce the regulatory burden on the Veteran Business Community, will amend SBA’s regulations to implement the provisions in Se

Centre Law & Consulting

Centre Law & Consulting

OTAs Are Totally, Completely, Amazingly, Revolutionizing Government Procurement. (Not)

By William Weisberg, Every year, the swallows return to Capistrano, the leaves change (at least here in Northern Virginia), and something comes along to revolutionize federal procurement.  LPTA procurements.  Data rights clauses.  FAR part 13. Fixed-price development contracts (if you are old enough to remember those pre-FAR days).  And now…” Other Transaction Authority” (“OTA”).  Avoid all of those pesky statutes and regulations and move FAST!  Sounds good? Sure.  What does it mean?  Read on.

Centre Law & Consulting

Centre Law & Consulting

One Procurement Produced 24 Protests and a Request for Reconsideration

On March 31, 2017, the Government Accountability Office (GAO) released a press release concerning a bid protest decision that resolved seventeen protests, which challenged the award of contracts by the Department of Education (DOE) for student loan debt collection services. On March 27, 2017, the GAO sustained several of the protests in part, finding that DOE made several prejudicial errors in evaluating the proposals, which led it to making unreasonable source selection decisions. The GAO reco

One Employment Agreement Update You May Be Thankful For

By Tyler Freiberger You’ve likely noticed a flurry of notifications and emails from companies warning you of updated terms and services. The updates were made to comply with Europe’s new General Data Protection Regulations (GDPR), which has been approved since 2016 and went into effect on May 25, 2018. The relevant portion here generally makes it much harder for a website to throw a 200-page legal document at you with vague terms that allow tracking your personal information and selling to the

Offeror Fails To Timely Disclose Denial Of Security Clearance – Protest Granted!

By Hon. Jack Delman In M.C. Dean, Inc., B-418553 (6/15/2020), the GAO recently granted a post award protest on the grounds that an offeror/awardee had actual knowledge, prior to award, that its proposed program manager had been denied a security clearance necessary for performance, but failed to timely notify the agency. The Solicitation The National Security Agency (NSA) issued an RFP to provide maintenance, installation and distribution services for the agency’s physical security system.  T

Offeror Fails To Timely Disclose Denial Of Security Clearance – Protest Granted!

By Hon. Jack Delman In M.C. Dean, Inc., B-418553 (6/15/2020), the GAO recently granted a post award protest on the grounds that an offeror/awardee had actual knowledge, prior to award, that its proposed program manager had been denied a security clearance necessary for performance, but failed to timely notify the agency. The Solicitation The National Security Agency (NSA) issued an RFP to provide maintenance, installation and distribution services for the agency’s physical security system.  T

OFCCP’s New Scheduling Letter Expands Intra- and Inter-Agency Data Sharing

Effective July 1, 2016, the Office of Federal Contract Compliance Programs (OFCCP) began using its new scheduling letter for compliance evaluations. One of the most significant changes in the form document relates to the agency’s use of data and information submitted by contractors. The “old” letter stated: “Rest assured that OFCCP considers the information you provide in response to this Scheduling Letter as sensitive and confidential. Therefore, any disclosures we may make will be consistent

OFCCP Issues New Policy Directives

By Wayne Simpson, CFCM, CSCM On August 10, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued two directives. OFCCP directives provide guidance to OFCCP staff, Federal contractors (and subcontractors) on enforcement and compliance policy or procedures. These directives do not change the laws and regulations governing OFCCP programs and do not establish any legally enforceable rights or obligations. These directives will remain in force in anticipation of an addition to the

Of Mistletoe and Misclassification

Earlier this week, a U.S. Department of Labor webpage dedicated to the issue of employee misclassification went live. Just in time for the holidays! While much ink has been spilled in recent weeks regarding potential changes of direction at the DOL in a Trump Administration, the new webpage suggests that the agency will continue to view the abuse of independent contractor status as an enforcement priority for the foreseeable future. The new page does not provide any novel substantive content,

Centre Law & Consulting

Centre Law & Consulting

OCI and FCA: Two Acronyms You Never Want to See Together…

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

OCI and FCA: Two Acronyms You Never Want to See Together…

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

OCI and FCA: Two Acronyms You Never Want to See Together…

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

No Completed PPQs? No Contract.

Last month, in Genesis Design and Development, Inc., B-414254 (Feb. 28, 2017), the Government Accountability Office (GAO) denied a protest challenging the rejection of a proposal where the contractor had failed to provide three past performance questionnaires (PPQs) completed by previous customers. In its proposal, Genesis provided PPQs that provided customer contact information but which did not contain substantive responses from the previous customers. The company argued that it submitted PPQ

No April Fools Joke: GSA Refresh/Mass Mods Are Coming!

The General Services Administration (GSA) Federal Acquisition Service (FAS) is planning to refresh ALL Multiple Award Schedules (MAS). The purpose of the refresh is to incorporate provision and clause changes into MAS solicitations and contracts. Be on the lookout for updates tentatively planned for April 2017. Major changes to the Small Business Subcontracting Plan will be included in these Refreshes/Mass Mods that will impact both large and small businesses. Look for changes in the Model Subc
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