Wednesday, October 28, 2020

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From Obama to Trump: Opportunities and Risks in Influencing a New Regulatory and Policy...

In a new webinar, members of Venable’s Legislative, Political Law, and Regulatory groups address questions concerning the policy changes likely to take place in the first 100 days of the next administration. Speakers include Mark L. Pryor, Partner, Venable LLP, Former U.S. Senator; John F. Cooney, Partner, Venable LLP, Former Deputy General Counsel for Litigation […]
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A Data-Driven Look at the GAO Protest System

In this blog post, Wiley Rein takes a deep dive into the Government Accountability Office’s annual summation of bid protest activity and what the data means for federal contractors. According to GAO, the number of protests filed increased by five percent last year, while the number of sustained protests doubled and the use of alternative […]
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Mentor-Protégé Joint Venturing: Friend or Foe?

Companies in approved mentor-protégé relationships may form joint ventures to pursue set-aside work, even if not all the joint venture partners are small businesses or otherwise qualify for the socioeconomic status of the set-aside. However, some contractors question why they should form a joint venture when they can pursue the work in a more typical […]
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Employment Law Compliance Should Remain A Top Concern in 2017

The results of the November election should not lull contractors into a state of complacency about the durability of executive orders and regulations mandating sick leave, a minimum wage, and other benefits for federal contractor employees. State and local governments have been increasingly active in passing legislation governing employers, including increased minimum wage requirements, paid […]
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New Guidance on Contractor Risk Management Under the Human Trafficking Rule Released

Proposed new guidance on anti-trafficking risk management is intended to help contractors implement anti-trafficking requirements and understand the government’s expectations for compliance. The memorandum outlines a series of best practices and mitigation considerations designed to inform contracting officers’ assessments of whether contractors are effectively carrying out their compliance responsibilities. The guidance also states that if the […]
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Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces...

The 2017 National Defense Authorization Act will restore and make permanent the Government Accountability Office’s jurisdiction to hear protests of civilian agency task orders valued over $10 million. The bill also increases to $25 million the jurisdictional threshold for task orders issued by the Department of Defense. Pending GAO protests are unlikely to be affected, […]
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Enhancing Whistleblower Protections for Contractor Employees (Permanently?)

Congress has passed a new bill strengthening whistleblower protections for contractor and grantee employees. The bill makes permanent a pilot program ensuring that civilian contractor employees are protected from retaliation, specifically mandating that anyone exposing the misuse of federal funds may not be demoted, discharged, or discriminated against because of the disclosure. A successful defense […]
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2017 NDAA Increases DoD’s Micro-Purchase Threshold To $5,000

The 2017 National Defense Authorization Act increases the Department of Defense’s micro-purchase threshold to $5,000, which will allow DoD to make more small purchases using simplified acquisition procedures, and without setting aside the work for small business, conducting market research, or hold a competition. More at SmallGovCon
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A New Way to Claim Damages Resulting from an Unfavorable CPARS Rating

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 […]
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SDVOSB Programs: 2017 NDAA Sharply Curtails VA’s Authority

Language in the 2017 National Defense Authorization Act will prohibit the Department of Veterans Affairs from issuing its own regulations governing the ownership, control, or size status of veteran-owned small businesses or service-disabled VOSBs. Instead, the Small Business Administration’s regulations will apply to VA’s verification program, as well as its own self-certification program. The bill […]
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