Sunday, July 12, 2020

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Far Reaching Impact of DOL’s Increase to FLSA Salary Thresholds

New regulations expanding the eligibility of certain white collar employees to the overtime requirements in the Fair Labor Standards Act will have implications beyond salary considerations. In many cases, employers will have to decide whether to increase a salary to ensure an employee remains exempt or convert an employee to a non-exempt classification. However, before […]
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Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

A recent federal court decision highlights the challenges of drafting and negotiating teaming agreements for federal contracts. In the case, a subcontractor teaming partner sued when its prime declined to protest a lost award, but the court found no language in the agreement requiring the prime to take such action. However, parties can adopt language […]
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SBA Releases “All Small” Mentor-Protégé Template & Application

The Small Business Administration has released a sample template mentor-protégé agreement and application information for its new all-small mentor-protégé program. The template allows mentors to select from six categories of assistance they may provide to the protégé firm: management and technical assistance; financial assistance; contracting; trade education; business development; and general administrative. Once the assistance […]
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Bass, Berry & Sims Attorney Outlines SBA’s Limitation on Subcontracting Rule

In a recent article, Bryan King, a federal contracts attorney with Bass, Berry & Sims, discusses the details of the Small Business Administration’s new limitation on subcontracting rule. This new rule limits the definition of a “similarly situated entity” to first-tier subcontractors. According to King, with the option to team with other similarly situated entities, […]
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Court Temporarily Blocks Most Fair Pay and Safe Workplaces Final Regulations

On Monday, a federal court in the Eastern District of Texas issued a preliminary injunction blocking nearly all the provisions in the regulations implementing the Fair Pay and Safe Workplaces Executive Order. Notably, the court blocked provisions mandating contractor reporting of labor law violations and prohibiting pre-dispute arbitration agreements related to torts based on sexual […]
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Government Must Prove Amount of Unilateral Price Reduction

In a recent decision, the Armed Services Board of Contract Appeals held that while an agency is entitled to unilaterally reduce the scope of work of a contract, it also has the burden of justifying the amount of the reduction and the corresponding reduction in payment. In HCS Inc., the Navy attempted to descope—and not […]
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What Goes Around Comes Around: OFPP Makes Efforts to Institutionalize Category Management

The Office of Federal Procurement Policy’s continued effort to institutionalize category management principles in federal contracting could affect the number of opportunities available to federal contractors and the relative size of those contracts. In a draft of a new Office of Management and Budget Circular, OFPP proposes requiring agencies to use category management principles and […]
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Eye on Affiliation: Joint Venture Partner Not Small Due to Economic Dependence

A recent decision from the Small Business Administration Office of Hearings and Appeals highlights the importance of knowing SBA’s affiliation rules and choosing the right teaming partner. In this protest, SBA found one member of a joint venture wasn’t an eligible small business, which rendered the JV ineligible for a small business set-aside the JV […]
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GAO: “Brand Name Only” Restrictions Must Be Justified

In a recent decision, the Government Accountability Office affirmed the principle holding that agencies must have a solid justification for limiting competition to brand name-only products. On occasion, an agency might have a good reason to limit a solicitation to only brand name items, but in general agencies are prohibited from soliciting quotations based on […]
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FAR Council Finalizes Rule Imposing Restrictions On Contracting With Companies With Felony Convictions And...

Public comments on the FAR Council’s interim rule restricting contracting with corporations that have federal tax liabilities or a recent federal felony conviction highlight some of the challenges presented by the final rule. For example, in response to questions about the interim rule, the FAR Council explained the rule applies to any corporation, including pass-through […]
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