No Excuses for Untimely Proposal Submissions – Even if it’s Not Your Fault
We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely . In line with these decisions, GAO has again demonstrated its strict enforcement of solicitation instructions and deadlines in Matter of: Advanced Decisions Vectors, Inc., B-412307 (Jan. 11, 2016) by denying a bidder’s challenge to the Department of Homeland Security’s (DHS) decision not to consider the bidder’s quotation because the quotation was not received by the solicitation’s deadline. In Advanced Decisions Vectors, DHS issued an RFQ through the GSA’s e-Buy system to vendors holding contracts under the MOBIS . . . Read More
The Nuts and Bolts of a Labor and Employment Compliance Audit
This article is the final installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Over the last few weeks, we have written about significant changes in labor compliance in 2016. In addition to being prepared for those challenges, employers should consistently evaluate their employment policies and practices to ensure compliance with the complicated web of labor and employment laws at the federal, state, and . . . Read More
Labor Compliance to Affect Contractor Eligibility For Awards of Federal Contracts in 2016
This article is the second installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Contractors pursuing federal work have a host of legal compliance responsibilities and that list keeps getting longer. Recently, the White House has focused on labor regulation initiatives including executive orders addressing sexual orientation and gender identity, minimum wages, equal pay, pay transparency, sick leave, and general labor compliance. This is . . . Read More
When Snow Days Impact Employers: Balancing Inclement Weather and the FLSA
By Julia Di Vito Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees during inclement weather events. The answer depends on the applicability of the Fair Labor Standards Act (FLSA) to the contractor’s employees. Employees who are not exempt from the overtime requirements of the FLSA and who are paid on an hourly . . . Read More
SBA Considers Public Comments on Proposed Size Standard Increases to NAICS Codes 562910 and 541519
As we previously reported, on September 10, 2014, the SBA released proposed increases to the small business standards for many industries that use employee-based size standards. The final rule is scheduled to be published on January 26, 2016; however, a pre-publication of the final rule is available now at www.federalregister.gov . According to the pre-publication, the SBA will adopt most of the proposed changes with two key exceptions. The SBA is not increasing the Environmental Remediation Services (“ERS”) exception under . . . Read More
It’s Subcontracting Plan Review Season. Are You Prepared?
After subcontracting plan reports are due in October, SBA starts sending out letters to the firms selected for a compliance review. These letters start going out late in the year, with the compliance reviews scheduled for early in the new year. That means we are in the heart of subcontracting plan review season. Are you ready? Much like preparing for a winter storm, advance planning is critical to make it through a subcontracting compliance review. Don’t wait for the letter . . . Read More
The House Small Business Committee Releases a Spate of Small Business Legislation
On the heels of a GAO report calling for more leadership attention to be paid to SBA’s “management challenges,” a number of bills have been referred to the House Small Business Committee since the new year started, calling for more SBA reform and oversight. The following is a summary of the more significant bills introduced, signaling what the House has in store for the small business government contracting community in 2016: H.R. 4340, “Small Business Contracting and Acquisition Programs Efficiency . . . Read More
Employer Beware: Be Prepared for New Labor Regulations Coming in 2016
By Corey Argust This article is the first installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. The Fair Labor Standards Act (“FLSA”) is quite possibly the labor law that employers grapple with more than any other. The regulations can be murky at best when actually applied and the price tag for running afoul of the regulations is staggering. Aside from the ever-vigilant and . . . Read More
Exercise Caution When Submitting Proposals Through FedConnect
By Julia Di Vito Several government agencies, including the Department of Energy (“DOE”), utilize a web portal called FedConnect to receive bid proposals. While these agencies surely intended that using FedConnect would make the procurement process easier, the FedConnect systems appears to have caused several issues for contractors. Since 2012, the GAO has heard at least three bid protests regarding DOE procurements that involved with issues submitting proposals through FedConnect. The GAO decisions in these cases are particularly instructive for . . . Read More
The Weekly Update for January 8, 2016
GOVERNMENT CONTRACTS 2016 Adverse Effect Wage Rates Removal of Requirement to File Direct-Pay Fee Agreements With the Office of the General Counsel Network Penetration Reporting and Contracting for Cloud Services Federal Acquisition Regulation; Sole Source Contracts for Women-Owned Small Businesses Trade Agreements Thresholds Federal Acquisition Regulation; Definition of ‘‘Multiple-Award Contract’’ Defense Contractors Performing Private Security Functions Multiyear Contract Requirements SMALL BUSINESS ADMINISTRATION Community Advantage Pilot Program Interest Rates This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS 2016 Adverse Effect Wage Rates Effective December 22, 2015, the . . . Read More