Out With the Old “Mad Men” Era Sex Discrimination Guidelines for Federal Contractors
By Final Rule on August 15, 2016, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) updated its sex discrimination guidelines, in an effort to ensure that companies doing business with the federal government refrain, in accordance with current law and today’s workplace environment, from discriminating against their employees, based on their sex. The OFFCP had previously determined that the original guidelines and regulations, which enforce Presidential Executive Order (E.O.) 11246 and date back as far as . . . Read More
Our Comments in Response to FAR Case 2015-15 Regarding the Federal Strategic Sourcing Initiative – FSSI
PilieroMazza recently submitted comments to the General Services Administration stating that the proposed rule should not be applied in small business set-asides, the brief analysis should allow for flexibility, and the notice of proposed rulemaking understates the impact on small businesses. Click here to read the proposed rule Click here to read our comments submitted to SBA
DOJ Doubles Penalties for Violation of the False Claims Act
By Ambi Biggs The Department of Justice (“DOJ”) has issued an interim final rule that dramatically increases the dollar amount for civil penalties that can be assessed against an entity or individual who violates the False Claims Act (“FCA”). Under the FCA, 31 U.S.C. § 3729, et seq., anyone who knowingly presents a “false or fraudulent” claim to the government for payment or approval or knowingly makes or uses a false record or statement material to a false or fraudulent claim . . . Read More
The Weekly Update for August 12, 2016
GOVERNMENT CONTRACTS Procurement of Commercial Items OMB to Announce Final Decisions for 2017 NAICS Revisions LABOR AND EMPLOYMENT Amendment of Americans With Disabilities Act Title II and Title III This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Procurement of Commercial Items DOD is proposing to amend the DFARS to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions as follows: (1) definitions of “market prices,” “market research,” “nontraditional defense contractor,” “relevant sales data,” and “uncertified cost . . . Read More
Don’t Miss Your Chance to Provide Feedback on the Government’s Strategic Plan for Professional Services
By Michelle Litteken On August 2, 2016, the General Services Administration (“GSA”) released the government’s new Professional Services Strategic Plan for industry comment. The Strategic Plan outlines the actions the government will take to manage spending for professional services. The professional services category is the second largest of the 10 category management categories with $63 billion in spending in FY 2015. This category includes business administrative services, marketing and distribution, public relations and professional communications, financial services, and technical and . . . Read More
The Weekly Update for August 5, 2016
SMALL BUSINESS ADMINISTRATION HUBZone and the National Defense Authorization Act for Fiscal Year 2016 Amendments GOVERNMENT CONTRACTS Detection and Avoidance of Counterfeit Electronic Parts Amendments Related to Sources of Electronic Parts This week’s report follows, click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Small Business Mentor-Protégé Programs The SBA is amending its regulations to the HUBZone Program. The amendments: (1) authorize Native Hawaiian Organizations (“NHO”) to own HUBZone small business concerns; (2) expand the HUBZone Program to assist small businesses in disaster areas and base closure areas; and (3) . . . Read More
The Corporate Designee in Commercial Litigation – the Voice That Binds the Company
A corporate entity is regarded by the law as a “person” for purposes of standing to sue and be sued, but an organization, whether corporation, partnership, governmental organization, or other entity, can act only through its officers, directors or other agents. Accordingly, when a corporate entity becomes a party to a lawsuit, whether as a plaintiff or as a defendant, it will undoubtedly be required, at some point, to provide testimony at deposition in the course of the discovery phase . . . Read More
The SBA’s New Mentor-Protégé Program: The Dilemma of Hiring Project Managers
On July 25, 2016, SBA released its long-awaited final rule creating the new mentor-protégé program for all small businesses. Many aspects of the new rule are very exciting and should be beneficial for the small business community at large. However, buried in the lengthy rulemaking are a few provisions that will be problematic for small businesses when the rules go into effect on August 24, 2016. One of the problematic provisions will adversely effect how many small businesses form joint . . . Read More
SBA Releases Long Anticipated Final Rule Establishing Governmentwide Mentor-Protegé Program for All Small Business Concerns
On July 25, 2016, SBA published the eagerly anticipated Final Rule establishing a governmentwide mentor-protégé program for all small business concerns. While there are a few departures from the details outlined in the Proposed Rule released nearly a year and half ago, the Final Rule generally adheres to the plan outlined in the Proposed Rule, which was modeled on the existing 8(a) mentor-protégé program. The Final Rule also contains changes in other areas of SBA’s regulations, such as the rules applying to . . . Read More
FAQ on the Limitations on Subcontracting New Rules
We recently held a live seminar and a webinar on the new Limitations on Subcontracting (“LOS”) rule. We reviewed the questions submitted during the sessions, and noticed that many of the same questions were being asked by attendees. We hope this article addresses several questions you may also have on LOS. We have grouped those questions by topic. Construction vs. Supplies vs. Services We received a couple of questions asking for clarification on which LOS rule applies to different . . . Read More