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Ninth Circuit Rules Employer Can Pay Female Employee Less Based on Prior Salary

The Ninth Circuit recently ruled in Rizo v. Yovino that a female’s prior salary can be a “factor other than sex,” thus justifying a pay disparity between comparable male and female employees for purposes of the Equal Pay Act. The plaintiff was an employee of the public schools in Fresno County, California. Upon discovering that the County paid her less than her male counterparts for the same work, she brought an action against the County under the Equal Pay Act. The County conceded that it paid

New Overtime Rule Blocked by Federal Judge

Hopefully you had already heard by now that the Department of Labor issued a new overtime rule that would require employers to pay time and a half to employees that worked more than forty hours a week and earned less than $47,476 a year. This raised the minimum earning level by about two times – from the current standard of $23,660 – and would have affected about 4.2 million American workers. The rule also established an automatic updating mechanism that would adjust the minimum salary level eve

Centre Law & Consulting

Centre Law & Consulting

New Minimum Hourly Wage Rates Announced For Federal Contractors & Subcontractors

By Wayne Simpson, CFCM, CSCM New Hourly Rates Effective January 1, 2019 The U.S. Department of Labor’s Wage and Hour Division announced the new applicable minimum wage rates for workers performing work on or in connection with Federal contracts covered by Executive Order (E.O.) 13658. The new rates, effective January 1, 2019, are $10.60 per hour for covered contracts, and $7.40 per hour for tipped employees. The announcement was published in the September 4, 2018, edition of the Federal Regis

Centre Law & Consulting

Centre Law & Consulting

New GSA Transactional Data Reporting Rule Issued

On June 23, 2016, the General Services Administration (GSA) amended the General Services Administration Acquisition Regulation (GSAR) to include clauses that require vendors to report transactional data from orders placed against certain Federal Supply Schedule (FSS) contracts, Governmentwide Acquisition Contracts (GWACs), and Governmentwide Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts. What does this mean and what do you need to know? First, it’s important to clarify what Tran

New Federal Contractor Legislation

Yes, Congress is doing more than learning “nyet” and other basic Russian.   The House of Representatives passed the Modernizing Government Technology Act of 2017 (the “MGT Act”) in record time.  The legislation is now in the Senate.  If enacted into law it would create funds for agencies to invest in new, innovative information technology solutions and replace aging legacy systems.  The bill establishes a $500 million central fund to support rapid IT modernization across 24 agencies. Better yet,

New DOJ Strike Force Aimed at Contractors is Likely Overhyped

By Tyler Freiberger, Esq.,   The Department of Justice recently announced the new Procurement Collusion Strike Force (“PCSF”), an inter-agency partnership that includes prosecutors from DOJ’s Antitrust Division and 13 U.S. attorneys’ offices, FBI investigators, and several agency Inspectors General offices. The stated goal of this partnership is “deterring, detecting, investigating and prosecuting antitrust crimes” in the government contracting world. The new PCSF website also streamlines and

Centre Law & Consulting

Centre Law & Consulting

New Decisions in Bid Protests and How Kim Kardashian Made It to the Supreme Court

Potential Intervenors Denied Intervention in Multi-Billion Dollar Protest as Having No Legal “Interest” in Protest The Court of Federal Claims issued a decision on September 27, 2016 denying two motions to intervene in a bid protest. Nevada Site Science Support and Technologies Corporation (NVS3T) filed a bid protest alleging that the Department of Energy’s decision to rescind a multi-billion dollar contract awarded to it based on ownership issues involving the Plaintiff was arbitrary and capr

NDAA Curbs Bid Protests (Somewhat) But Adds Enhanced Debriefings

By Barbara Kinosky  Yes, you read that right.  Deep in the murky depths of the $700 billion fiscal 2018 National Defense Authorization (NDAA) bill is language that puts a chill down the spine of protesters. Companies with revenue more than $250 million will have to pay the costs for filing losing protests on DoD procurements at the GAO.  Now protestors pay their own costs and attorneys’ fees with some exceptions. Section 827 of the NDAA would require DoD to launch a pilot program beginning in l

Centre Law & Consulting

Centre Law & Consulting

More GSA Changes! Out with DUNS Number and in with SAMMI Number

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

More GSA Changes! Out with DUNS Number and in with SAMMI Number

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

More Changes to SAM: GSA Updates SAM Log-in Process

By Maureen Jamieson, Many companies were caught by surprise when they attempted to log into the System for Award Management (SAM) on or after June 11, 2018, and read the alert: Entities registering in SAM must submit a notarized letter appointing their authorized Entity Administrator. Some companies discovered that they were no longer active in SAM due to the backlog of notarized letters awaiting approval. Effective June 29, 2018, SAM has a new log-in process. You must have a login.gov account

Meet the Centre Team at the NCMA World Congress Conference!

By Angel N. Davis, This year, the National Contract Management Association (NCMA) is hosting its 60th annual World Congress Conference in Boston, Massachusetts, and the Centre Law & Consulting team will be in attendance. Please stop by our booth to learn about our service offerings and meet some of our talented team members.  Our team members will provide up to date information on GSA’s Consolidated Schedule and other hot topics. Bring your GSA stories to share with our GSA team. And, do n

Maureen Jamieson Quoted in Bloomberg BNA Article on Trade Agreements Act

Reproduced with permission from Federal Contracts Report, 105 FCR (May 11, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com GSA Sends Warning Letters to Contractors Over Origins of Products The General Services Administration (GSA) is clamping down on thousands of federal contractors to ensure that products sold to government agencies are made in the U.S. or are otherwise in compliance with the Trade Agreement Act (TAA), Bloombery BNA has learned.

Mass Modifications – How to Stay Up to Date with GSA Solicitation Refreshes

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.

Centre Law & Consulting

Centre Law & Consulting

MAS Updates to Industrial Funding Fee (IFF) Payments and Sales Reporting Due April 30

By JW Butler With the General Services Administration’s (GSA) release of the Multiple Award Schedule (MAS), there have been many changes to GSA’s systems, and the Federal Acquisition Service (FAS) Sales Reporting Portal (SRP) is no exception. While there are some minor changes to the system, there have been NO changes to the sales reporting and Industrial Funding Fee (IFF) payment requirements. This means now that Quarter Two of Fiscal Year (FY) 2020 has ended, all contractors must complete the

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

Maintaining an Approved Purchasing System – Things That Get in the Way

In the past I have written about subcontracting compliance from the Contractor Purchasing System Review (CPSR) audit prospective. The three step process of system existence, system procedure adequacy and compliance is a very effective way to meet the FAR 44.3 CPSR goal of “efficiency and effectiveness with which the contractor spends Government funds and complies with Government policy when subcontracting”. How efficient and effective the contractor procurement system performs goes beyond these

Centre Law & Consulting

Centre Law & Consulting

Lowest-Price, Technically Acceptable (LPTA) Reform Legislation Introduced

Bill Seeks to Limit Improper LPTA Use Although Lowest-Price, Technically Acceptable (LPTA) procurements are conducted as part of the “best value” continuum, nothing seems to get the ire of industry up more than LPTA procurements, and the government’s seemingly ever-increasing use of the LPTA method.  Help may be on the way to curb the use of improper LPTA procurements in civilian departments.  The National Defense Authorization Act of 2017 already placed restrictions on use of LPTA procurements

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

Kinosky and Blickley Featured on Webinar Discussing HR Issues for Government Contractors

On May 11, Centre Law & Consulting’s attorneys Barbara Kinosky and Marina Blickley were featured guests on Give Me 5, a webinar hosted by Women in Public Policy (WIPP). The online series is designed to educate women business owners on how to apply for and secure federal procurement opportunities. Give Me 5: Where Human Resources and Government Contracts Intersect Webinar Summary: Federal contractors are subject to a unique set of rules, laws and regulations. Many of these laws and regulati

Just Announced: Your Questions Answered About the New Unique Entity Identifier (UEI)

BREAKING NEWS FROM GSA In late July, GSA hosted a live event about upcoming changes to the new Unique Entity Identifier (UEI) requirements (used to identify companies and individuals within the federal award process).  More than 770 people participated in the event. The presentation provided detailed information about how IAE is moving away from using the D-U-N-S® number to a new, non-proprietary identifier.  During the program, we received numerous questions from participants.  As promised,

Centre Law & Consulting

Centre Law & Consulting

Just Announced: GSA on Track to Debut Consolidated Schedule Solicitation October 1, 2019

BREAKING NEWS FROM GSA if you have questions or need guidance, please reach out to Maureen Jamieson at mjamieson@centrelawgroup.com. This Interact post is the advance notice announcement of GSA’s intention to consolidate the current 24 Multiple Award Schedules (MAS) and release a new single Schedule for product, services, and solutions on October 1, 2019. A revised draft of the MAS solicitation is attached with applicable attachments. The solicitation has been updated based on more than 1,000

JKB Solutions and Services, LLC v. United States

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

Centre Law & Consulting

Centre Law & Consulting

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
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