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Centre Staff Speaking at NCMA World Congress

Centre Law & Consulting will be at NCMA World Congress in Cleveland from July 22-24, 2018. Barbara Kinosky, Centre’s Managing Partner, has been invited to speak about federal contracting topics (see below for the topics and times). Centre will also be exhibiting at booth 208.   E08 – Lessons Learned from Successful GAO Protests Room 10, 2:00 PM – 3:15 PM Management/Business Competencies Track  What makes a protest successful? What can you do to avoid one? This session gives clear guidan

The Strange Case of Daniel Horowitz and His Three Years of Paid Leave

By Barbara Kinosky, For exactly three years Daniel Horowitz was paid his full GS-15 salary of $161,000 to do – well – exactly nothing. That delicious gravy train finally ended. We can now say that Dr. Horowitz was employed (past tense) by the Chemical Safety Board (CSB), a small independent agency that I never heard of. He had been charged with misconduct over a kerfuffle on how he handled certain leadership roles but his case went into limbo. One day Dr. Horowitz was busy doing whatever PhD GS

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

Commercial Supplier Agreement (CSA) and Order-Level Materials (OLMs) Roll-Out

By Julia Coon, The General Services Administration (GSA) started the mass modification roll-out of the Commercial Supplier Agreement (CSA) final rule into all Federal Supply Schedules this week. Mass modification roll-out for Order-Level Materials (OLMs) eligible Schedules will begin following acceptance of the CSA mass modification. Following is a summary of the steps for accepting these mass modifications. Please note that this will be a multi-step process for the OLM authorized Schedules an

The “Veterans Affairs Purchase Card Misuse Mitigation Act”

By Wayne Simpson, CFCM, CSCM House Moves to Prevent Abuse and Misuse of SmartPay Program’s Largest User On May 21, 2018, after 40 minutes of floor debate, the U.S. House of Representatives considered under the suspension of the rules, and passed H.R. 5215, the “Veterans Affairs Purchase Card Misuse Mitigation Act” by voice vote.  The bill was sent to the Senate May 22, 2018, for consideration. H.R. 5215 amends Title 38 of the United States Code to direct the Secretary of Veterans Affairs to p

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

IT’S OFFICIAL: “Cascading” Set-Asides Are Now Authorized at the Department of Veterans Affairs (VA)

By Wayne Simpson, CFCM, CSCM   Discretionary Use by VA Contracting Officers Authorized; Must Be Approved First   In what many will see as VA’s continued assault on its Veterans First Contracting Program post-Kingdomware, VA recently implemented “Cascading” set-asides.  VA refers to these set-asides as “Tiered Evaluations,” noting they are also known as “Cascading” set-asides.   VA issued Acquisition Policy Flash (No. 18-15), transmitting Procurement Policy Memorandum (PPM) No. 2018-04, dat

GAO Will Occasionally Review Terminations for Convenience

By Heather Mims Ordinarily, the GAO will decline to review the termination of contracts for convenience because such actions are matters of contract interpretation and are more properly brought within the context of a CDA claim. However, in the recent decision of AutoFlex, Inc., B-415926 (Apr. 19, 2018), the GAO noted that it will review the propriety of a termination for convenience where the termination flows from a defect the contracting agency perceived in the award process. AutoFlex, Inc.

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

Federal Acquisition Regulation (FAR) Update—New Rules

By Wayne Simpson, CFCM, CSCM On May 1, 2018, the General Services Administration (GSA) published FAC 2005-98 in the Federal Register, covering a number of FAR Cases with Final Rules effective May 31, 2018. The online version of the FAR (www.acquisition.gov) will not be updated until May 31, 2018. FAR Case 2017-007, Task-and-Delivery Order Protest; Final Rule, effective May 31, 2018.  This Final Rule amends FAR Part 16 and implements § 835 of the National Defense Authorization Act (NDAA) for Fi

Federal Contractor Breaches Service Contract Act: Thousands of Underpaid Workers

By Barbara Kinosky General Dynamics Information Technology (GDIT) has been accused of underpaying about 10,000 workers allegedly covered by the Service Contract Act (SCA). These workers run help hotlines for public insurance programs. Four complaints were filed Monday at the Department of Labor by the Communication Workers of America. It’s interesting that this union does not represent any of the workers.  There is no private right of action under the SCA so I am a bit perplexed over how this u

GSA Order-Level Materials (OLMs) – Updates and Next Steps

By Maureen Jamieson, Executive Director of Consulting Hopefully, you have been following the breaking news regarding the final rule on Order-Level Materials (OLMs). After many years of discussion on this subject, the General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) providing the authority to acquire OLMs when placing task or delivery orders against a Federal Supply Schedule (FSS) or FSS Blanket Purchase Agreement (BPA). And exa

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

Are VA FSS Contracts Still a Viable Option for Contractors in the VA Marketplace?

By Wayne Simpson, CFCM, CSCM, Centre Consultant Some U.S. Department of Veterans Affairs (VA) Federal Supply Schedule Contractors, and prospective contractors are questioning the value of the VA FSS Program.  Changes to VA’s Acquisition Regulations (VAAR) since the unanimous U.S. Supreme Court (SCOTUS) decision in the matter of Kingdomware Technologies, Inc. vs. the United States (Kingdomware) and the VA Strategic Acquisition Center’s (SAC) use of open market procurement strategies in its faile

Fraud Alert: SAM Website Hit Again

By Wayne Simpson, CFCM, CSCM Thousands of Registrants Potential Fraud Victims—Check Your Info!! Once again, the Federal Government’s System for Award Management (SAM) (www.sam.gov) was the target of fraudulent activity. SAM is the official website of the United States Government for entities to register to do business with the Federal Government. The U.S. General Services Administration (GSA), the Federal agency responsible for administering the SAM System, began notifying registrants on Marc

“Hot Take” Alert – Turns Out, Dads Are Parents Too!

By David Warner In August 2017, the U.S. Equal Employment Opportunity Commission (“EEOC”) brought a class action lawsuit against cosmetics giant Estée Lauder alleging that the company violated federal law when it implemented and administered a paid parental leave program that automatically provides male employees who are new fathers lesser parental leave benefits than are provided to female employees who are new mothers. The suit alleged that, under the company’s parental leave program, in addi

Section 809 Panel: Taking Action on Acquisition Reform

By Barbara Kinosky: Congress’s Section 809 Panel has made their first move on DoD acquisition system reform. The committee is made up of 18 experts in government contracts and is “charged with making recommendations that will shape DoD’s acquisition system into one that is bold, simple, and effective.” Yours truly testified before them. Section 809 Panel has the difficult job of thoroughly reviewing every DoD acquisition regulation ever written, and then conclude which regulations should remain

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

Increased Micropurchase and Simplified Acquisition Thresholds May be Implemented Sooner Than Later

By Wayne Simpson, Centre Consultant, CFCM, CSCM Good news for Federal contractors and buyers.  On February 16, 2018, the Civilian Agency Acquisition Council (CAAC) issued CAAC Letter No. 2018-02 to Federal agencies regarding a class deviation to the Federal Acquisition Regulation (FAR) for implementing the new increased micropurchase and simplified acquisition thresholds.  The National Defense Authorization Act (NDAA) for Fiscal Year 2018 (Public Law 115-91, December 12, 2017) (NDAA 2018), rais

As One Protest Door Closes, Another One Opens

By Heather Mims The protest saga of the Department of Education’s contracts for collection services for defaulted student loans has now been going on for over a year – and the contracts are worth fighting for as it is for a roughly $2.8 billion debt collection procurement. As a refresher, forty-seven companies originally submitted bids in response to the Department of Education’s RFP but only seven companies originally received contract awards back in December 2016. The unsuccessful offerors s

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


Changes to Trade Agreements Act Thresholds

By Wayne Simpson, CFCM, CSCM New Thresholds for 2018 and 2019 The United States Trade Representative (USTR) has determined and announced new U.S. Dollar Procurement Thresholds implementing U.S. Trade Agreement obligations, effective January 1, 2018, for calendar years 2018 and 2019. The Trade Agreements Act of 1979 (TAA) implements international trade agreements and guarantees non-discriminatory treatment in government procurement. TAA provides the President of the United States authority to

Centre Law & Consulting

Centre Law & Consulting


Mandatory Sick Leave Giving Service Contractors A Headache

By David Warner 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. Both the EO and its implementing regulations, finalized on September 30, 2016, made clear that the EO only applied to “new contracts,” defined as contracts with the Federal Government that result from solicitations issued on or after January 1, 2017, or that are awa

Centre Law & Consulting

Centre Law & Consulting


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


Looking Back at GAO Bid Protest Trends from 2017

By Heather Mims GAO recently released its bid protest statistics for fiscal year 2017. The number of bid protests filed saw a slight decrease from 2016 but, overall, the effectiveness rate remained fairly even. Specifically, 2,596 cases were filed at the GAO in fiscal year 2017, which is down 7% compared to the 2,789 cases that were filed in fiscal year 2016. However, the GAO’s “effectiveness rate,” which includes voluntary agency corrective active and sustained protests, remained virtually un

Centre Law & Consulting

Centre Law & Consulting

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