For the last few months, we have been following the troubled rollout of the “Fair Play and Safe Workplaces” rules, an Obama-era Executive Order that placed new requirements on contractors prohibiting certain labor practices. It is now becoming increasingly clear that the controversial act is likely to be a casualty of the new administration’s deregulatory agenda. Continue Reading Congress Strikes Blow to “Fair Play and Safe Workplaces”

In the wake of November’s elections, just about the only thing that Washington can agree on is a pervasive sense of uncertainty about the future, which includes the direction of government regulation. The fact that many incoming agency heads and cabinet secretaries come from nontraditional backgrounds and, consequently, do not have a long record of public comments only serves to deepen the apprehension across regulated industries.  Continue Reading A New World Order?

Government contractors know that an unfavorable performance review posted to the Contractor Performance Assessment Reporting System (“CPARS”) can be extremely costly. Many negotiated solicitations include past performance as an important or even primary evaluation factor for contract award. An unfavorable review on a past contract can impose significant costs on the contractor to address the unfavorable review with contracting officers on future solicitations. However, the contractor saddled with an unfair and inaccurate CPARS review may now have a means to challenge the review and recover some of these costs.  Continue Reading A New Way to Claim Damages Resulting from an Unfavorable CPARS Rating

Last month, we reported that the Government Accountability Office’s (“GAO”) statutory authority to hear bid protests on civilian task orders exceeding $10 million had expired, leading to a parade of dismissed protests and disappointed contractors left without legal recourse. As of last week, there is reason to be hopeful, as the House of Representatives and Senate agreed on legislation that promises to permanently restore the GAO’s authority to hear civilian bid protests.  Continue Reading Proposed 2017 NDAA is a Mixed Bag for Government Contractors

In a recently released bid protest decision that could spell trouble for federal agencies, the Court of Federal Claims rejected as unreasonable the Federal Highway Administration’s (“FHWA”) proposed corrective action in an $18 million procurement for support services.  Continue Reading Court of Federal Claims Puts Corrective Action Under the Microscope

Several months ago, we summarized the issuance and implications of Executive Order 13673, known as the “Fair Play and Safe Workplaces” order. In short, the order requires federal contractors to:

  • Report labor law “violations” of itself or any of its subcontractors (where the estimated value of the subcontract exceeds $500,000) under various federal employment and labor laws;
  • Restrict the use of binding, pre-dispute arbitration provisions in non-collectively bargained employment contracts; and
  • Establish “paycheck transparency” through the issuance of wage statements to all individuals performing work under a covered contract.

Continue Reading Federal Court Puts a Halt to “Fair Play and Safe Workplaces”

For the second year in a row, Maria Panichelli will be teaching courses on small business contracting at the National Veterans Small Business Engagement (NVSME) in Minneapolis, MN on November 2nd. The NVSBE directly connects Veteran Owned Small Businesses (VOSBs) with Procurement Decision Makers (PDMs) from the Department of Veterans Affairs, other federal agencies, state government, as well as large commercial firms with small business needs. NVBSE continues to prove as the most effective way to directly connect VOSBs with potential buyers in the federal and commercial marketplaces. For more information and to register, please click here.

Continue Reading 2016 National Veterans Small Business Engagement

This is the third and final installment in a series of articles brought to you by Maria L. Panichelli and Edward T. DeLisle for GovBizConnect, an online professional network for government contracting professionals. 

Originally published on the GovBizConnect website.

Welcome to the third and final installment of our three-part series, Key Considerations in Small Business Teaming: How to Form a Productive Partnership While Safeguarding your Interests and Protecting your Small Business Eligibility.  Today, we will be focusing on crucial concepts to keep in mind when drafting your teaming agreement.  But check out our previous installments on: (1) the differences of teaming and joint venturing; and (2) avoiding common pitfalls in teaming.  Stay tuned for our upcoming piece on the new “All Small” Mentor Protégé Program.
Continue Reading Key Considerations in Small Business Teaming: Part 3 – The “3 Es” of Teaming Agreements

This is the second in a series of three articles brought to you by Maria L. Panichelli and Edward T. DeLisle for GovBizConnect, an online professional network for government contracting professionals. 

Originally published on the GovBizConnect website.

Welcome to the second installment of our three-part series, Key Considerations in Small Business Teaming: How to Form a Productive Partnership While Safeguarding your Interests and Protecting your Small Business Eligibility. You can read Part I here. Today, we will be focusing on how to avoid common pitfalls in teaming. But check out our previous installment on the differences of teaming and joint venturing, and stay tuned for our final installment, which will address how to draft an enforceable teaming agreement that will protect your interests as a small business. Continue Reading Key Considerations in Small Business Teaming: Part 2 – Avoiding the Common Pitfalls of Teaming