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Disabled Workers Hit Hard by Shutdown

By Tyler Freiberger, Esq. One month and two days and still 800,000 federal employees are currently working without pay as a result of the “partial” government shutdown. As many employees struggle to afford basic necessities it’s only slight comfort that Congress has already passed the law authorizing back pay when the shutdown ends. While the hardship of these government employees deserves the mass media’s coverage, there are also over four million federal contractors supporting the federal gov

Centre Law & Consulting

Centre Law & Consulting

The Great Migration: GSA Sales Reporting and IFF Transition – 72A to FAS SRP

By Julia Coon, Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter. Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition

Centre Law & Consulting

Centre Law & Consulting

Disabled Workers Hit Hard by Shutdown

By Tyler Freiberger, Esq. One month and two days and still 800,000 federal employees are currently working without pay as a result of the “partial” government shutdown. As many employees struggle to afford basic necessities it’s only slight comfort that Congress has already passed the law authorizing back pay when the shutdown ends. While the hardship of these government employees deserves the mass media’s coverage, there are also over four million federal contractors supporting the federal gov

Centre Law & Consulting

Centre Law & Consulting

The Great Migration: GSA Sales Reporting and IFF Transition – 72A to FAS SRP

By Julia Coon, Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter. Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition

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

2019 Trend Predictions for the Government Contracting Industry

By Angel N. Davis, Happy New Year and Happy Contracting! As we enter 2019, we have the opportunity to make and commit to several resolutions with the hope of remaining steadfast and following through with at least a few. As an industry, a company and an individual now is the time to set goals for the new year. What can we expect in 2019? 2019 will undoubtedly continue being a year of technological disruption. Due to that, this year our government will place a high value on: Acquisition ref

Protecting a Forgetful Government – “Christian Doctrine” Alive and Well!

By Hon. Jack Delman We have all learned, some of us in school and some of us in the school of “life experience” that parties to a contract are bound by its terms. Not always, if one of the contracting parties is the federal government. We should know that the sovereign reserves certain unique contract prerogatives. One such prerogative is the right to invoke provisions omitted from the contract but required by law. In G.L Christian & Associates v. United States, 312 F.2d 418 (Ct. Cl. 1963)

Centre Law & Consulting

Centre Law & Consulting

The Great Migration: GSA Sales Reporting and IFF Transition – 72A to FAS SRP

By Julia Coon, Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter. Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition

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

2019 Trend Predictions for the Government Contracting Industry

By Angel Davis Happy New Year and Happy Contracting! As we enter 2019, we have the opportunity to make and commit to several resolutions with the hope of remaining steadfast and following through with at least a few. As an industry, a company and an individual now is the time to set goals for the new year. What can we expect in 2019? 2019 will undoubtedly continue being a year of technological disruption. Due to that, this year our government will place a high value on: Acquisition reform

The Ghosts of Performances Past (Or Lack Of)

By Stephanie Fine, Esq. With the holidays upon us and the new year just around the corner, it is time to start thinking about new solicitations in the pipeline for the next calendar year and your record of past performance. Almost every government proposal requires information on past performance, and it’s inarguably one of the most critical parts. Why does past performance matter? Past performance shows the government that your company is capable of performing the work it says it can. It’

Centre Law & Consulting

Centre Law & Consulting

GAO Bid Protest Statistics Are Out And Show Changes To Most Prevalent Grounds For Sustaining Protests

At the end of each fiscal year, the GAO submits its Bid Protest Annual Report to Congress. This report details the number of cases received by GAO (which includes protests, cost claims, and requests for reconsideration) and a summary of the overall outcomes of the cases. In FY2018, 2,607 cases were filed at the GAO, of those 2,474 were bid protests (the remaining approximately 130 cases being cost claims and requests for reconsideration). Only 622 of those cases reached a decision on the merits

Centre Law & Consulting

Centre Law & Consulting

“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

GSA BREAKING NEWS – CONSOLIDATION OF 24 SCHEDULES INTO ONE SINGLE SCHEDULE

By Maureen Jamieson On November 27, 2018, GSA announced they will be consolidating their 24 Multiple Award Schedules (MAS) into one single Schedule for both products and services. The consolidated schedule will come with one set of terms and conditions. According to GSA, the reason for the consolidation is to make it easier and more efficient to do business with federal, state and local governments. When will the consolidation take place? According to Multiple Award Schedules Program Manageme

Centre Law & Consulting

Centre Law & Consulting

The 116th Congress More Congressional Review Act Action?

By Wayne Simpson, CFCM, CSCM In 2017 when the new administration entered office, and with both houses of Congress controlled by the same party in the 115th Congress, the Congressional Review Act of 1996 was used dozens of times in the first session of the 115th Congress to rescind Executive Orders, regulations, rules and policies issued by the previous administration.  As of June 2018, 17 public laws were enacted using this authority. Fast forward to the 116th Congress convening at Noon Easter

Centre Law & Consulting

Centre Law & Consulting

Barbara Kinosky Speaker at the 21st Annual Government Contracting Update

Mrs. Kinosky has been invited to speak during the “Enterprise Risk Management Session – Managing Fraud Risk through ERM and current trends with GSA Price Reductions” on Thursday, May 5, 2016 at 11:10am in Tysons Corner, VA. About Barbara Kinosky Barbara Kinosky is the Managing Partner of Centre Law and Consulting and has over twenty-five years of experience in all aspects of federal government contracting. Barbara is a nationally known expert on GSA and VA Schedules and the Service Contract Ac

The Overhaul of the U.S. Export Controls Will Benefit Small Businesses

Currently, the U.S. Government is revising the U.S. export control and enforcement framework.  The new system is designed to facilitate efficiencies and coordination within the U.S. Government, protect national security and critical technologies, and cut costs to U.S. exporters.  However, compliance will remain paramount because the U.S. Government is also consolidating its enforcement mechanisms. Background: In August 2009, President Obama directed a broad-based inter-agency review of the U.S

Are Federal Contractors Liable for Complying With the Drug-Free Work Place Act?

By Tyler Freiberger, While attitudes about Marijuana and state laws controlling the drug continue to shift toward recreational use, the common advice has been that most employers may still terminate employees for even medical use of the drug unless restricted in particular states. In fact, typically the rule has been that if you are a government contractor, you are required to prohibit its use by your employees. While many states have moved toward protecting medical, or even recreational use of

Centre Law & Consulting

Centre Law & Consulting

The Earth is Flat but Not My Driveway

By Barbara Kinosky My Driveway I wake up to yet another day of rain in the Washington D.C. metro area.  It wouldn’t be so bad if my driveway was not a mud pit.  Years ago a crafty driveway company talked us into a pebble driveway which looked like it was in Architectural Digest – for all of a couple of years.  Rocks eventually roll downhill and my driveway has a definite slope to it.  I also have discovered that it is cheaper to put down gravel than it is to remove it and that crews don’t like

GSA Schedule Update: Breaking News on Service Contract Act (SCLS) – What To Do Now

Alleluia! Inconsistence SCA implementation from GSA be gone! GSA has finally issued guidance on the implementation of the Service Contract Labor Standards (formerly called the Service Contract Act). It seems like dog years ago and certainly several changes of leadership at GSA when I first met with them about issuing uniform SCLS guidance. How Do We Know This? GSA published a draft refresh of Schedule 23V (firetrucks, auto, and auto parts and accessories) which contains the draft guidance alo

EEOC Issues New Publication on Employer-Provided Leave Under ADA

Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued a publication related to the rights of individuals with disabilities under the Americans with Disabilities Act (ADA) when requesting leave from work as a reasonable accommodation. While the ADA clearly requires employers provide qualified disabled individuals with a “reasonable accommodation” to permit the individual to perform the essential functions of the job, the entitlement to leave as such an accommodation has bee

GSA Issues Presentation on Changes to Multiple Award Schedules

The GSA FAS Office of Acquisition Management is planning to refresh all Multiple Award Schedules to incorporate provision and clause updates. For Schedules that offer services, both professional and nonprofessional, the solicitation refresh and corresponding mass modification will also update the application of the Service Contract Labor Standards (SCLS) to align with the U.S. Department of Labor’s SCLS compliance procedures. They recently issued a presentation that outlines the planned changes

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.

Uncompensated Overtime and the Tooth Fairy

My granddaughter recently lost a baby tooth in the ‘usual way.’ One morning, she felt the tooth begin to move the slightest bit. She wiggled it back and forth throughout the day and by dinner…Voile! Only one day later, she lost two more courtesy of her dentist to make room for the incoming ‘permanent’ ones. The Tooth Fairy kept the commitment of retrieving the lost teeth from under her pillow in a timely fashion – in this case staying up late on two consecutive nights – and rewarded her for pai

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
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