Legal Updates

Update on Minimum Wage and Certificate of Competency Protest Delay Causing Lost Contract

By: Christine V. Williams on 09/23/2015

This update focuses on the minimum wage for federal contracts by executive order, and a GAO case in which the Department of Defense was not required to extend the deadline on a contract for a competency review by the SBA. Notice of Rate Change for Annual Minimum Wage for Covered Federal Contracts On February 12, 2014, President Obama signed Executive Order (EO) 13658, which established a...

FCA Cases and SBA Protests

By: Christine V. Williams on 09/15/2015

False Claims Act As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal penalties. Since the grounding of the FCA is in federal law, federal circuits may impose different standards (many states have a complimentary state false claims act). Schindler...

SBA’s Final Rule on Women-Owned Small Business Federal Contract Program

By: Christine V. Williams on 09/15/2015

A final rule has been released by the Small Business Administration regarding women-owned small businesses. This rule is effective October 14, 2015. The rule makes changes to the Women-Owned Small Business (WOSB) program to implement the changes from the National Defense Authorization Act of 2015. It allows sole source awards to WOSBs or Economically Disadvantaged Women-Owned Small...

A Tale of Two Protests: Itemized SBA JV Agreements and Dependence on a Large Business Determination Not Upheld

By: Christine V. Williams on 09/10/2015

Recently, two Small Business cases that came out that are notable.  Both protests affect Small Business Administration interpretation and application of affiliation rules.  The first protest defeated a joint venture agreement between a mentor and a protégé because it was not specific enough, and the second one found that a small business owned by ANC was not dependent on a large business even...

DoD New Cyber Security Reporting Rules for Contractors

By: Christine V. Williams on 08/31/2015

In a move that highlights the changing winds of federal cybersecurity policy, the Department of Defense (“DoD”) has issued an interimRule (“Rule”) that imposes new security and reporting requirements on federal contractors, and new requirements for DoD cloud computing contracts. The Rule requires federal contractors to report cyber incidents that result in an actual or potentially...

Update: Department of Defense Privacy and Information Handling/Department of Defense Proposed Rule

By: Christine V. Williams on 08/11/2015

There is a lot going on with the government right now regarding information and privacy.  As the saying goes, it is not a matter of if the system is hacked or taken advantage of butwhen.  This update will quickly cover two new developments in the world of the Department of Defense (DoD).  First, DoD has issued an instruction on the handling of electronic data, information, and IT Services for...

Draft Executive Order on Paid Sick Leave for Federal Contractors

By: Christine V. Williams on 08/07/2015

It was reported/leaked Wednesday that there may be a draft executive order mandating paid sick leave for workers on federal government contractors.  We will watch this develop to see which way it goes.  Again, this is only draft. The Basics as Reported by the NY Times Minimum of 56 hours a year of paid sick leave (about 7 days) Would cover an employee’s illness, or caring for a...

GAO Protests Report Summary

By: Christine V. Williams on 07/29/2015

This update summarizes the Congressional Research Service’s report, “GAO Protests: Trends and Analysis,” published on or around July 21, 2015. Please recall that although the SBA has a protest system in place for certain areas, if you are a small business contractor, the GAO decided at least 14 cases dealing with small business issues. These cases are ones, for the most part, that are in...

House of Representatives Passes National Defense Authorization Act for FY 2016

By: Christine V. Williams on 05/18/2015

On Friday, the U.S. House of Representatives passed H.R. 1735, the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016. Congressman Young’s amendment would replace Section 811 of the FY 2010, which introduced the requirement that all sole source awards to Alaska Native Corporations (“ANCs”), among others, must have an approved Justification and Approval Memorandum...

SBA Tribal Consultations to Continue

By: Christine V. Williams on 03/03/2015

The SBA held its tribal consultations on the recently published proposed regulations in Washington, D.C., on Feb. 26, 2015. During those consultations, it was announced that the SBA would be extending the time to comment on the first set of the proposed regulations, which were published on Dec. 29, 2014, until April 6, 2015, which coincides with the comment deadline for the second set of...