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Barbara Kinosky Featured in Upcoming Speaking Engagements

NCMA NOVA Chapter Event on January 27 On January 27, Barbara Kinosky, Esq. will be a featured speaker at the NCMA NOVA chapter’s first monthly meeting of the new year for “Trends 2017 – the Ultimate Ins and Outs of Government Contracting”. Attendees will come up-to-date on all the latest hot topics in the federal contracting industry including: What will a Trump presidency look like? Will there be more emphasis on defense spending? How will federal regulations be impacted? Executive order

Centre Law & Consulting

Centre Law & Consulting

 

FAR Updates That May Impact Your Small Business

On January 13, 2017, several Federal Acquisition Regulation (FAR) updates went into effect that you should be aware of if you have a small business. The highlights of each rule include: Uniform Use of Line Items – A revised policy statement that requires the use of line items and, as necessary, subline items to improve accuracy, traceability, and usability of procurement data. Acquisition Threshold for Special Emergency Procurement Authority – The simplified acquisition threshold for spec

Centre Law & Consulting

Centre Law & Consulting

 

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
 

Federal IT Modernization: Why It’s Important to Government Contractors in 2019

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

Centre Law & Consulting

Centre Law & Consulting

 

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.
 

Reenlistment Bait and Switch, Revolving Doors, and Another GAO Report on the VA

Raise Your Hand if You Want a Reenlistment Bonus to Redeploy – Oops Sorry, You Didn’t Read the Fine Print, Pay it Back Later Really? Seriously, this cannot be true. You, by that I mean you the Pentagon, as in The Pentagon, why are you making soldiers pay back reenlistment bonuses they were promised? This is wrong. As in really, wrong. Their job was to show up, redeploy (“re” as in go back again to a place you wouldn’t take your family to on a vacation), and do their job. They did that. You, th

Centre Law & Consulting

Centre Law & Consulting

 

“Let’s Talk About Sex[ual Harassment], Baby!”

By David Warner I had intended to write about the Supreme Court’s recent decision denying certiorari in the 11th Circuit’s decision in Evans v. Georgia Regional Hospital, thereby declining to resolve the existing circuit split concerning whether sexual orientation is a protected characteristic under Title VII. But then yet another story dropped with high profile allegations of sexual harassment, and the siren call of timely “click-bait” won out over the finer points of Supreme Court jurispruden

Centre Law & Consulting

Centre Law & Consulting

 

Incumbent Files Preaward Protest for Navy’s Failure to Release Incumbent’s Proprietary Data

Just when you think you have heard it all, along comes the preaward protest of Fluor Federal Solutions, LLC, B-414223, March 29, 2017. Fluor alleged that the Department of the Navy, Naval Facilities Engineering Command, solicitation was ambiguous. Fluor claimed that that offerors could not meaningfully price their proposals because of the ambiguous requirement it contained and that proposals received could not be meaningfully compared and evaluated. The interesting quirk was that Fluor was the
 

Annual Review Speaker Lineup

ANNUAL REVIEW 2018: Hot Issues in Federal Contracting | Speaker Lineup   Threase Baker – Panel Discussion: Types of Contract Vehicles Ms. Threase Baker is the President at ABBTECH Professional Resources, Inc. She joined ABBTECH in 2001 and has more than twenty-five years’ of experience in all areas of the staffing industry with particular emphasis on corporate recruiting, executive placement and staff augmentation. Her customer focus includes both the government and private sector. Prior t

Centre Law & Consulting

Centre Law & Consulting

 

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
 

Help! My GSA Contract is Suspended in eBuy and my Catalog/Pricelist has Disappeared

By JW Butler, An email with the subject line “GSA Advantage Catalog/Pricelist Removal Notice” followed by your contract number may cause many to panic, but not to worry, the solution is a simple one. The General Services Administration (GSA) requires that all GSA Schedule contract catalogs/pricelists be updated to ensure the accuracy of prices and catalog terms and conditions.  If a catalog/pricelist has not been updated within two years, you will receive an email with the above subject line. C

Centre Law & Consulting

Centre Law & Consulting

 

The Annual List of Labor Surplus Areas are Available

The Department of Labor has published its annual list of Labor Surplus Areas (LSA) for Fiscal Year 2018.  What is a LSA you ask?   A LSA is a civil jurisdiction that has a civilian average annual unemployment rate during the previous two calendar years 20 percent above the average annual civilian unemployment rates for all states & Puerto Rico during the same period.  Civil jurisdictions are defined as follows: A city of at least 25,000 population on the basis of the most recently availabl
 

Trending Federal Contracting Issues You Should Know

How is your relationship with the government going? Have you heard about the “transformational changes” that are being made to the GSA’s Federal Supply Schedules Program? And do you really know how many moons the Earth has? Below is a round up of recently trending Federal Contracting issues you should know about. Overly Restrictive Solicitations. Nexagen Networks of Aberdeen, Maryland, challenged the terms of a task order request issued by the Army for information technology services. Nexag
 

Centre Law & Consulting Featured Tonight on NewsChannel 8

Tune in tonight, Wednesday April 19, at 8:00pm and 11:00pm to the Government Matters show on NewsChannel 8 in the Washington DC area to see a segment featuring Centre Law & Consulting. Wayne Simpson, Consultant with Centre, appears on the show for an interview about the Department of Veterans Affairs’ efforts to reduce the administrative burdens on SDVOSBs and VOSBs. Government Matters is the only television newscast focused on the business of government. Host Francis Rose recaps the top
 

Service Contract Labor Standards (AKA SCA): Top 10 Things to Consider

By William Weisberg, Esq., The Service Contract Labor Standards (“SCLS”) governs how, and how much, government contractors must pay “covered” employees on “covered” contracts.  Here are the Top 10 things to keep in mind regarding Service Contract Labor Standards: It used to be called the “Service Contract Act,” and many people still call it that, or SCA. It is now, however, Service Contract Labor Standards.  In real life, either name will do. The contracting agency, and the Department of Lab

Centre Law & Consulting

Centre Law & Consulting

 

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
 

Protest Denial Stresses Need of Detail in Proposal Methodologies

A single weak link in a contractor’s proposal resulted in its highly praised proposal losing to one with fewer evaluated strengths. Seeking mission support services in its work to counter improvised threats, such as IEDs and other homemade explosives, the Joint Improvised-Threat Defense Organization (JIDO) recently issued a task order for subject matter expertise. Its award drew a protest from Sev1Tech, Inc. challenging JIDO’s choice of Amyx, Inc. for the task order. When evaluating the contra
 

$650 Million in Small Business Awards Given to Fraudulent Companies

By Tyler Freiberger  In 2016 alone, the federal government spent $58.8 billion with minority or woman owned small businesses and another $16.3 billion with businesses run by disabled veterans. The vast majority of these prime contract awards were specifically not the result of open market, merit based competition. Rather, it was the result of the government openly steering more government dollars toward groups otherwise disadvantaged in society.  While there is some debate over the effectivenes
 

VA to Publicly List all Disciplined or Fired Employees Plus How DHS Spent $24.2 Million on a System it Did Not Need

In a first for the federal government, Veterans Affairs Secretary David Shulkin has announced that the VA will now publicly post all major disciplinary actions taken against its employees.  This includes all terminations, demotions, and suspensions of more than fourteen days. While the adverse action report does not include employees’ names, the list does and will continue to include the employee’s component, position, specific adverse action taken, date it took effect, and the employee’s region
 

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
 

“The Frog That Roared?” Supreme Court’s Weyerhaeuser Co. Decision May Open The Door For Increased Scrutiny of Agency Decision-Making

Last week the United States Supreme Court issued its decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service regarding an agency determination that certain lands were a “critical habitat” for the endangered dusky gopher frog and could not be developed. While some contemporaneous accounts of the oral arguments anticipated a likely split along ideological lines, the Court’s eventual decision was a unanimous one that overturned the lower courts’ affirmation of the agency’s actions. While th

Centre Law & Consulting

Centre Law & Consulting

 

Agency Found to Have Reasonably Canceled Solicitation Due to Protest

In a decision on July 10, 2017, the GAO found that an agency reasonably canceled its solicitation after a protest where the agency’s requirements were time dependent. Tien Walker, a small business, protested the cancelation of the solicitation issued by the Department of State for public opinion polling surveys to be conducted in South Asia. Specifically, the selected contractor was to conduct two public opinion surveys in Afghanistan, with the first survey to be completed before the start of t
 

Supreme Court Nominee Brett Kavanaugh and the Coming Political “Kabuki Theater”

By David Warner, I have been fascinated with the political theater around U.S. Supreme Court nominees ever since the contentious Clarence Thomas confirmation hearings gave rise to one of the greatest Saturday Night Live cold openings of all time. (Viewer beware, 2018 “sensitivities” might conflict with 1991 standards of humor. It’s still a classic.) Given our current President and the fact that the incoming justice will replace the “swing vote” of retiring Justice Anthony Kennedy, it is widely
 

Quick Guide to the Bid Protest Process

If you’ve ever encountered the need to file a bid protest, you may remember feeling lost or overwhelmed the first time through the process. Maybe you were just confused and unsure of what would happen as you progressed from one step to the next. If you’re in the middle of a bid protest or foresee the need to enter into one in the future, the quick guide below walks you through a potential scenario of what can be expected. SITUATION Your company just received a non-award letter or have been exc

Centre Law & Consulting

Centre Law & Consulting

 

Are You A Federal Acquisition Service GSA MAS Contract Holder?

The General Services Administration (GSA) Federal Acquisition Service (FAS) is planning to refresh all GSA Multiple Award Schedules (MAS) to incorporate provision and clause updates in April 2017. This update will align MAS solicitations and contracts with recent policy changes, including small business subcontracting improvements and updates to Non-Federal Entity access to Schedules, including under the Disaster Purchasing Program. These regulatory changes further codify the Non-Federal entity
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