Monthly archive

August 2018

Contractor Agrees to Pony Up for Shortchanging its Workers

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PNWC's Government Contracting Update

A Government contractor, performing work funded by the Department of Transportation, has agreed to pay back wages, overtime, and fringe benefits to 77 employees. This agreement was the culmination of an investigation by the Labor Department’s Wage and Hour Division (WHD). The WHD found that the contractor violated requirements of the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA). We do not know why the WHD initiated its investigation. It could have been a result of a whistleblower or other complaint (as is often the case in these investigations) or the contractor could have been randomly selected as part of WHD’s ongoing oversight responsibilities.

Source: PNWC’s Government Contracting Update: Contractor Agrees to Pony Up for Shortchanging its Workers

Government Contracts Breakfast Series: Other Transaction Authority – November 28, 2018 | Government Contracts Legal Forum

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Crowell & Moring is pleased to announce the launch of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our third session is described below.

Source: Government Contracts Breakfast Series: Other Transaction Authority – November 28, 2018 | Government Contracts Legal Forum

Opportunity Alert: OASIS On-Ramps Begin with Pool 1 Small Business | Lohfeld

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On August 21, the General Services Administration (GSA) issued a pre-solicitation notice to on-ramp contractors to the existing One Acquisition Solution for Integrated Services Small Business (OASIS SB) Pool 1. The OASIS on-ramps will follow a phased approach beginning with Pool 1, the most used pool with the smallest size standard ($15 million). Due to the size standard, GSA anticipates that most vendors will not be eligible to compete on task orders by April 2019; therefore, on-ramping is needed. The final solicitation will be released on or about September 9, 2018.

Source: Opportunity Alert: OASIS On-Ramps Begin with Pool 1 Small Business | Lohfeld

Government Contracts Breakfast Series: Mandatory Disclosures, Investigations, and the False Claims Act – October 24, 2018 | Government Contracts Legal Forum

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Crowell & Moring is pleased to announce the launch of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our second session is described below.

Source: Government Contracts Breakfast Series: Mandatory Disclosures, Investigations, and the False Claims Act – October 24, 2018 | Government Contracts Legal Forum

SMALL BUSINESS FEDERAL GOVERNMENT CONTRACTING (“Smalltofeds”): Risk Analysis and Provisional Indirect Rates In Government Contracting

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Articles at this site have over-viewed FAR and CAS Compliant business systems for small enterprises undertaking federal government contracting:

Establishing FAR and CAS Compliant Business System

DCAA Audits and Small Business Job Cost Accounting Systems

Source: SMALL BUSINESS FEDERAL GOVERNMENT CONTRACTING (“Smalltofeds”): Risk Analysis and Provisional Indirect Rates In Government Contracting

Government Contracts “101” – Back to Basics – October 10, 2018 | Government Contracts Legal Forum

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Join us as we provide an overview of the fundamentals of contracting with the federal government. Topics to discuss include the FAR, key statutes and regulations, bid and proposal process, bid protests, disputes, cybersecurity, changes, claims, key compliance issues, suspension/debarment, and costs.

Source: Government Contracts “101” – Back to Basics – October 10, 2018 | Government Contracts Legal Forum

The Civil False Claims Act & OTAs – FederalNewsRadio.com

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FederalNewsRadio.com

This week’s Off the Shelf features Marcia Madsen, partner at Mayer Brown LLP and a leading government contracts attorney.

Source: The Civil False Claims Act & OTAs – FederalNewsRadio.com

File a Claim First, Then File Your Appeal

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PNWC's Government Contracting Update

The ASBCA (Armed Services Board of Contract Appeals) dismissed, for lack of jurisdiction, an appeal by a contractor because there was insufficient evidence to show that the contracting officer ever received the claim.

Source: PNWC’s Government Contracting Update: File a Claim First, Then File Your Appeal

CO Identifies Wrong Appeals Board, Appeal Dismissed Anyway – SmallGovCon

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An Air Force Contracting Officer, asked by a contractor where to send an appeal, provided the contractor with information about the Civilian Board of Contract Appeals, not the Armed Services Board of Contract Appeals.

Despite the Contracting Officer’s erroneous advice, the CBCA dismissed the appeal for lack of jurisdiction.

Source: CO Identifies Wrong Appeals Board, Appeal Dismissed Anyway – SmallGovCon

Yes, An Agency Can Change the NAICS Code from One Iteration of a Contract to the Next – SmallGovCon

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As the incumbent contractor, you’re excited to bid on the successor contract. The day it’s posted, you dash to fbo.gov, pull up the solicitation, and breathe a sigh of relief: the contract is still exclusively a small business set-aside. But wait! Under the assigned NAICS code your business doesn’t fall below the size standard. Can the agency change the NAICS code from one iteration of the contract to another? Sure, so long as the selected NAICS code meets the regulatory standard.

Source: Yes, An Agency Can Change the NAICS Code from One Iteration of a Contract to the Next – SmallGovCon

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