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Weekly Update Newsletter - March 2015 #3

GOVERNMENT CONTRACTS - The Under Secretary of Defense Issues Memorandum Regarding the Appropriate Use of LPTA Source Selection Process and Associated Contract Type - The Under Secretary of Defense for...more

SBA Proposed Rule Outlines New Mentor-Protégé Program for All Small Businesses - Impacts to All SBA Contracting Programs,...

The Small Business Administration (SBA) issued a long-awaited notice of proposed rule-making (NPRM) providing for a new mentor-protégé program that will be available to all small businesses. The proposed rule was released on...more

Function over Form: The Impact of Separate Stock Classes on Veteran-Owned Firms

In my recent blog post about Employee Stock Ownership Plans (“ESOPS”), I discussed how the plans are treated differently under the Department of Veterans Affairs’ program (the “VA Program”) for Veteran-Owned and...more

Fixing a Broken Brokering Definition: DDTC Eases ITAR’s Regulatory Burden for Brokers and Brokering Activities

On August 26, 2013, in yet another move geared toward streamlining the U.S. export control regulatory landscape, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) published its long-awaited interim...more

GAO Holds That Agency Improperly Credited Offeror With Past Performance of Affiliates

In IAP World Services, Inc.; EMCOR Government Services, B-407917.2 et al. (July 10, 2013), involving a protest challenging an award by the U.S. Department of the Navy (the “Navy”) for base operating support services, the...more

AT&T Case Confirms GAO's Broad View Of Waiver Authority

The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s...more

Leadership in the Compliance Function – Do You Encourage or Stifle?

There are many ways for a Chief Compliance Officer (CCO) to exercise leadership in not only the compliance function but also across the many disciplines in which compliance impacts in any corporation. In this Sunday’s New...more

Defense Office of Hearings and Appeals (DOHA) Highlights the Need for Thorough and Effective Preparation of Clearance Applications

In the past few years, the Defense Office of Hearings and Appeals ("DOHA") has experienced a significant uptick in the number of clearance applications referred from DISCO. This can primarily be attributed to the economic...more

EEOC Issues Guidance on Criminal Background Checks, But Retains Employer Protections for Positions of National Security

The Equal Employment Opportunity Commission (EEOC) recently issued its highly anticipated Enforcement Guidance regarding employer use of arrest and conviction records and compliance with Title VII of the Civil Rights Act of...more

Transitioning to the Updated ISFO Process Manual v3.0

By December 31, 2011, DSS will transition to the updated version (Version 3.0) of the Industrial Security Field Officer (ISFO) Process Manual for Certification and Accreditation. The intent of the manual is to explain the...more

New DSS Security Rating Matrix

On August 29, 2011, the Defense Security Service (DSS) began utilizing a newly designed security rating process to determine ratings assigned at the completion of a DSS National Industrial Security Program (NISP) inspection....more

Base Closures Raise Need for Complete SF86 Reviews

The Base Realignment and Closure (BRAC) plan of 2005 may soon begin to have a real impact on the security clearance world. Under the plan, ten DoD Central Adjudication Facilities (CAFs) will move from their current homes to a...more

Cyberspace - Industry and the Cyber Armoury

In this, the second in Pitmans’ industry briefing papers following on from A Call to Economic Arms (, we examine the issues posed by the emergence of Cyberspace as an increasing threat to national...more

Case Before the U.S. Supreme Court Could Affect Right to Privacy in the Security Clearance Context

In October, 2010, the United States Supreme Court heard oral arguments in NASA v. Nelson, a case concerning the Ninth Circuit Court of Appeals' earlier ruling that background checks conducted by NASA for contractor personnel...more

A Call to Economic Arms - Commercial and Legal Considerations in the Defence and Security Sector

In this briefing we examine the implications for business arising from the Government’s recently published Green Paper on Equipment, Support and Technology for UK Defence and Security. The Green Paper follows the...more

Government Contractor Problems - Resolve Them Early !

Federal Contractors don't leave Money on the table with your Government Contract. Litigating against the Federal Government should be the last resort. We can help resolve most if not all of your contract problems. The key to...more

Bid Protest & The GAO's Automatic Stay

Bid Protests & GAO's Automatic stay. Government contractor needs to know this information. The automatic stay is one of the most powerful tools of a GAO protest. But if the protest is not handled correctly the automatic stay...more

Filing A Bid Protest? Know these Critical Time Deadlines!

Filing a Bid Protest? Be Aware of the These Critical Time Deadlines! To All Government Contractors Part One Protester’s Post Award Bid Protest Awareness of Time limits for filing with the GAO. The GAO Bid Protest...more

Tully Rinckey Newsletter Spring 2009

This is our 2009 Spring newsletter showcasing asbestos exposure and soldiers, senior safety, and employee rights. ...more

Ten Very Common Mistakes in Texas DWI Cases

Ten Very Common Mistakes with DWI Cases in Texas....more

Make Sure You Honor Rights Of Employees In Armed Services

The article reviews the obligations of employers, under the Uniformed Services Employment and Reemployment Rights Act and equivalent California law, toward employees who are in the military reserves or the National Guard....more

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