Government Contracts MonitorSometimes You Have to “Destroy” Your Company in Order to Sell ItJune 1, 2015 As the Government’s interest in information security steadily grows, many contractors are learning to comply with a dizzying array of data security requirements. Contractors expect to see even more data security rules and are gearing up to respond to the expected challenges. But many contractors have not given much thought to how the Government’s information security requirements… Hopewell Darneille to Speak at DyNet ConferenceMay 26, 2015 Jackson Kelly’s Hopewell Darneille will be speaking on June 4, 2015, at the Northwest PA Regional Planning and Development Commission’s Dynamic Networking (DyNet) for Small Business program in Erie, Pennsylvania. His presentation, provided as a follow-on, stand-alone, presentation to an earlier presentation by Melissa Loder, a Business Opportunity Specialist in SBA’s West Virginia District… The Silent Treatment: Agencies Don’t Have to Tell You When Your Price Is Too HighMay 22, 2015 Earlier this year, we published an article warning our readers not to expect more from discussions concerning their proposals than agencies are required to provide. Specifically, your price may be entirely reasonable but completely uncompetitive but, if so, the agency does not have to tell you a thing. In short, the requirement that discussions be "meaningful" does not ensure you will obtain any… Short Take: Employee Labor Rights Must Be PostedMay 22, 2015 In an opinion issued May 7, 2015 in Nat'l Ass'n of Mfrs. v. Perez, D.D.C., No. 1:13-cv-01998, the District Court for District of Columbia rejected various challenges to the Department of Labor (DOL) regulation requiring nearly all federal contracts to post workplace notices informing their employees of their rights under the National Labor Relations Act (NLRA)(the "Posting… Good Faith And Fair Dealing -- The Government’s Implied Duty Is Alive and WellMay 22, 2015 Mansoor was awarded a contract to provide trucking services in Afghanistan. Nine months into the performance period the Army terminated Mansoor’s contract for default. Mansoor then submitted a certified claim for invoices the government had refused to pay. The Army offered to pay Mansoor a portion of its claim but, following the exchange of several counteroffers, decided the… Congress May Rip RIP if DOD Doesn’t Get RippingMay 18, 2015 The General Accountability Office’s recently issued report, DOD RAPID INNOVATION PROGRAM Some Technologies Have Transitioned to Military Users, but Steps Can Be Taken to Improve Program Metrics and Outcomes, highlights the long-standing challenges facing the Department of Defense in ensuring that "high value technologies are mature and available for military users" and recommends improvements to… Jackson Kelly Attorneys Presenting at Annual Teaming to Win ConferenceMay 18, 2015 Eric Whytsell and Hopewell Darneille will be participating in a panel discussion of SBA regulations and their impact on small businesses on May 28, 2015 from 9 – 10:30am at the 2015 Teaming to Win Conference in Canaan Valley, West Virginia. Details can be found at http://teamingtowin.org . If you have specific questions about this topic or would like more information, please contact… Time Waits for No Contractor, but It Will Pause for an AgencyMay 18, 2015 In its bid protest decisions, the Government Accountability Office (GAO) holds disappointed offerors to high standards of proof and routinely penalizes them for failing to raise issues or present proof in a timely manner. In addition to making sure they know the applicable standards and timelines, savvy government contractors also keep in mind an essential truth of the bid protest process:… What Price is the Government Paying? Federal Supply Schedule Pricing Procedures May Finally Be ChangingMay 18, 2015 The comment period recently closed on a General Services Administration (GSA) proposed rule amending the GSA Acquisition Regulation (GSAR) to require vendors to report transactional data from orders and prices paid by ordering activities. Described as part of the ongoing move to improve federal purchasing through Government-wide category management (announced here and discussed here), the… Confined Spaces Standard for the Construction IndustryMay 18, 2015 On May 4, 2015, the Occupational Safety and Health Administration released the long-awaited Confined Spaces Standard for the construction industry. Please read Jackson Kelly's Occupational Safety & Health Practice Group's full alert on this standard. Frivolous Suits: False Claims Act Retaliation Doesn’t Pay, It CostsMay 11, 2015 Terry Jacobs stole trade secrets from his prior employer, Lambda Research, and was ordered to pay $9.4 million in damages when Lambda sued him. The story doesn’t end there. Two months later, Jacobs sued Lambda under the False Claims Act, alleging that his former employer had defrauded the Navy. The timing is suspect, n’est-ce pas? The trial court, understandably concerned… Combating Human Trafficking: Do You Know What Your Employees Did Last Summer?May 11, 2015 On March 2, 2015, the Department of Defense’s Final Rule, "Federal Acquisition Regulation; Ending Trafficking in Person," available here (the Rule), became effective. Pursuant to the Rule, revised FAR 52.222-50, Combatting Trafficking in Persons, must be included in all contracts and solicitations. Although the Rule implements previous mandates, contractors must be aware of notably… |
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