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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

 

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

 

Trump’s 2-for-1 Reducing Regulation Order – What Does It Mean?

On January 30, 2017, President Trump issued an executive order (EO) entitled Reducing Regulation and Controlling Regulatory Costs. The aim of the EO is to reduce the number of regulations in order to “manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations.” Specifically, the EO requires that whenever an executive department or agency publicly proposes for notice and comment or otherwise promulgates a new regulation, it sh

Centre Law & Consulting

Centre Law & Consulting

 

This Blog Is Subject to Change in a Twitter Moment

How many of you now go to bed wondering, “What presidential tweet am I going to wake up to next?” The federal contracting space has been shaken, not stirred. In the old news department, President Trump instituted an immediate hiring freeze this Monday, signing a presidential memorandum that would affect a large swath of the executive branch. There are exemptions, of course, for those working in the military, national security, and public safety. In my discussions with officials at several f

Centre Law & Consulting

Centre Law & Consulting

 

You’ve Accepted Transactional Data Reporting, Now What?

The Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price that the federal government paid for an item or service purchased through GSA acquisition vehicles and other data elements. The rollout of TDR across all pilot schedules is now complete. If you accepted TDR willingly or unwillingly, it’s time to understand the reporting requirements. When are the TDR Requirements Effective? Upon acceptance of the TDR pilot bilateral mass modification, the requireme

Centre Law & Consulting

Centre Law & Consulting

 

Cooperating with DOL Investigation Does Not Protect You from Debarment

On December 28, 2016, the Department of Labor (DOL) filed a complaint with the DOL Office of Administrative Law Judges seeking debarment of a contractor for violation of the Service Contract Labor Standards (formerly the Service Contract Act). The contractor, Restaurant Associates LLC, runs the cafeteria in the Dirksen Senate Office Building. Even though Restaurant Associates won a seven year contract extension in December 2015 to continue operating the cafeteria, the company would be prohibited

Centre Law & Consulting

Centre Law & Consulting

 

What I Hate About Incurred Cost Proposals

If you remember the late 1990’s romantic comedy “10 Things I Hate About You” you might know that it did a lot of great things. It provided the platform for the venerable Heath Ledger’s coming out party, introduced the world to Julia Stiles, reminded us the kid from Third Rock from the Sun was, in fact, still here on Earth, and made more than $50M at the box office. Not too bad. But as the law of unintended consequences often works, it also inspired this blog article about Incurred Cost Proposa
 

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

 

Barbara Kinosky Quoted in Bloomberg BNA Article on Proposed FAR Rule

Reproduced with permission from Federal Contracts Report, 105 FCR (Dec. 6, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com Talk More, Fret Less, Proposed Rule Urges Feds, Contractors Federal acquisition officials are encouraging increased communication between industry and government, in the hope of ensuring a more efficient process for both parties. An updated regulation would make it clear that it’s in the government’s best interests to talk t

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

 

GSA OIG Reviews Industrial Operations Analysts: What’s in Your IOA’s Report Card?

As a consultant assisting clients prepare for their Industrial Operations Analyst (IOA) visit, I am surprised by the anxiety that precedes these “I’m here to help you” visits. I receive comments from “I didn’t sleep all night” and “I forgot my Basis of Award (BOA) customer” to “Will the IOA cancel my contract as I forgot to pay my Industrial Funding Fee for the last quarter.” The anxiety has increased over the last two years as the IOAs are now reviewing your GSA Schedule annually if you have

Centre Law & Consulting

Centre Law & Consulting

 

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

 

Centre Law & Consulting Successfully Sustains Bid Protest for Phoenix Air

Centre Law & Consulting (Centre), a leading provider of legal services for federal contractors, has successfully worked on behalf of its client – Phoenix Air – to win a favorable outcome in their bid protest against the Department of the Interior on a recent Request for Proposal (RFP). At issue was the fact that the Department of the Interior allowed one contractor to be credited for meeting the proposal’s criteria even though it submitted information on one plane while recommending to use

Centre Law & Consulting

Centre Law & Consulting

 

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

 

Wishing You a Happy Thanksgiving

As we lead up to Thanksgiving later this week, many of us are in final preparations for the holiday. Some are making last minute trips to the grocery store while others are looking for pants with elastic waistbands. However you’re celebrating this year, we at Centre Law & Consulting hope you enjoy a feast filled with friends and family. We hope you have many things to be thankful for this holiday season.   About the Author Barbara Kinosky, Esq. Managing Partner Barbara Kinosky

Centre Law & Consulting

Centre Law & Consulting

 

Early Bird Rates Have Arrived on 2017 Training Courses

It’s that time of year again! Early bird rates have arrived on all 2017 training courses! Visit our Training Calendar to see the full slate of courses, and be sure to use code EARLYBIRD2017 to save $100 off your registration fee when signing up before December 30, 2016. The post Early Bird Rates Have Arrived on 2017 Training Courses appeared first on Centre Law & Consulting. View the full article

Centre Law & Consulting

Centre Law & Consulting

 

A Newer Source Selection Procedure You May Not Know

In April 2016, the Department of Defense (DoD) published a memorandum expanding DoD Source Selection Procedures beyond Tradeoff and Lowest Price Technically Acceptable (LPTA) to include Value Adjusted Total Evaluated Price (VATEP) Tradeoff. This newer procedure’s intent is to help define how the government evaluates contractor capabilities that go beyond minimum requirements and reach the government’s objective. Although it’s been an option since April, we’re finding that many people still are

Centre Law & Consulting

Centre Law & Consulting

 

GSA Reviews FY2016 and FedRAMP Looks Ahead to 2017

As we now have FY2016 in the rear-view mirror, the government has begun to look back at the past year and look ahead to 2017. GSA In the case of GSA, the Federal Acquisition Service (FAS) commissioner, Tom Sharpe, reflected on the successes of the FAS program over the past year in a recent blog post. In it, he explains that GSA has achieved its three-year goal as the government acquisition marketplace. Sharpe then goes on to explain that the FAS initiative, Category Management, has helped with

Centre Law & Consulting

Centre Law & Consulting

 

Centre Law & Consulting Awarded CSOSA Contract for Employee Training

Centre Law & Consulting (Centre), a leading provider of acquisition services and training for both government agencies and federal contractors, is pleased to announce the award of a contract with the Court Services and Offender Supervision Agency (CSOSA). Under the contract, Centre will develop and deliver an Executive Contracting Officer’s (COR) Training Program for a base period of one year with two one-year option periods. The training program will focus on increasing the knowledge of CS

Centre Law & Consulting

Centre Law & Consulting

 

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

 

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

 

GSA’s Streamlined Offer Process for Successful Legacy Contractors

As many contractors are approaching the end of their 20-year contract period in the FSS program, the General Services Administration (GSA) has made it possible for successful legacy contractors to follow a streamlined offer process for their new 20-year contract. Clause A-FSS-11 has been updated so that a contractor can now submit an offer for a new contract under the same Schedule at any time during the existing contract period. Process Requirements In order to follow the streamlined offer pr

Centre Law & Consulting

Centre Law & Consulting

 

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

 

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

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