Subcontractors

News & Analysis as of

National 8(a) and GAO Small Business Set Aside Provision

This update is a brief synopsis of a case that held, if there is not a certain FAR provision addressing subcontracting limitations in a set aside contract for small business, there is not a mandatory duty to comply with the...more

New Year's Resolution: Comply with Small Business Subcontracting Plan

Agenda - - Contractor Responsibilities - Compliance with Subcontracting Requirements - Common Compliance Issues - Helpful Tips to Handle SBA Reviews - Upcoming Developments Please see full...more

Combating Trafficking in Persons (CTIPS): What Contractors Need to Know

Objectives - - Explore the requirements of FAR subpart 22.17 - Understand what it means to participate in trafficking in persons - Define prohibited conduct for contractors, subcontractors, and employees...more

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S....more

Internal Confidentiality Agreements: 5 Things all Government Contractors Need to Know About the New Proposed FAR Rule

On January 22, 2016, the Federal Acquisition Regulatory (FAR) Council issued a Proposed Rule prohibiting government contractors from using internal confidentiality agreements to restrict employees or subcontractors from...more

Proposed Rule Would Restrict Confidentiality Agreements Between Contractors and Their Employees

On January 22, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration proposed a new rule that would amend the Federal Acquisition Regulation to implement a section...more

The Prompt Payment Rollercoaster

This past year we wrote about a case involving California’s prompt payment laws and the current state of confusion with the prompt payment statutes which are scattered throughout the state Code and which are inconsistent in...more

What’s In Store for Federal Contractors in 2016?

In 2015, the Office of Federal Contract Compliance Programs (OFCCP) tackled what many believe was its most ambitious agenda since the agency’s inception. In 2016, we can expect more of the same—the Obama administration...more

US Government Contractors Face Another Reporting Obligation under Proposed Rule for Payment of Subcontractors

If adopted as proposed, the costs to government contractors to implement changes necessary to meet the reporting obligations could be substantial. On January 20, the Department of Defense, General Services...more

Proposed Federal Rule Would Proscribe Contractor Confidentiality Agreements that “Restrict” Employees And Subcontractors from...

A recently proposed amendment to the Federal Acquisition Regulation precludes Federal contractors from entering into a confidentiality agreement with an employee or subcontractor that “prohibit[s] or otherwise restrict[s]”...more

Weekly Update Newsletter - January 2016 #2

GOVERNMENT CONTRACTS - Payment of Subcontractors - DOD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation to implement the section of the Small Business Jobs Act of 2010 that requires...more

It’s Subcontracting Plan Review Season. Are You Prepared?

After subcontracting plan reports are due in October, SBA starts sending out letters to the firms selected for a compliance review. These letters start going out late in the year, with the compliance reviews scheduled for...more

Miller Time: Where to File a Miller Act Suit Arising on an Overseas Project?

Subcontractors filing Miller Act lawsuits in the U.S. must generally do so in the federal district court where the contract from which the dispute arose was “performed and executed.” 40 USC §§ 3131-3134 However, on...more

Government Contracts Review, Alston & Bird LLP, January 2016

IN THIS EDITION: THE GOVCON FILES - It’s Good to Be King: The Curious Case of United States v. JAAAT Technical Services PROTEST DECISIONS - GAO Clarifies Discussions and Discusses clarifications...more

Subcontractor Performing Services may be Liable in Strict Liability For Purchasing and Installing Defective Products in Fulfilling...

Jovana Hernandezcueva v. E. F. Brady Company, Inc. - Court of Appeal, Second Appellate District, Division Four (December 22, 2015) - The doctrine of strict liability is ordinarily inapplicable to transactions...more

"My Bad, I Thought It Was in Good Faith" is Not Good Enough - Contractor Ordered to Pay Prompt Payment Penalties

Retention clauses are almost always included in California construction contracts and permit an Owner to withhold a portion of what is owed to the General Contractor as security to ensure the proper completion of the work....more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers

Volume 1 – The Structure of the Deal and Government Consent - With today’s posting, we begin a ten-part series on unique issues that arise in connection with the acquisition or disposition of a company that performs...more

Department of Defense Revises Landmark Cybersecurity Rule, Extends Deadline for Some Compliance Requirements

On December 30, 2015, the Department of Defense (DoD) issued a second interim rule on Network Penetration Reporting and Contracting for Cloud Services, amending an earlier version issued on August 26, 2015. The new, amended...more

InterConnect - Winter 2015/2016

Out Like A Lion? The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety...more

Using sub-contractors for public contracts? – New guidance published

On 9 December 2015, the Crown Commercial Service published important statutory guidance on the new subcontracting provisions under the Public Contracts Regulations 2015 (‘the PCRs’). The guidance is important as the...more

SBA Decision and Large Business Industry Comments on Lower Tier Small Business Subcontracting Plans

This update will briefly review a SBA decision enforcing an affiliation rule as well as a review of the Council of Defense and Space Industry Associations letter/comment to the SBA regarding the SBA’s proposed rule to give...more

Talley’s Insurance Tip of the Month

Does your business provide a service and operate pursuant to contracts with vendors or sub-contractors? Talley’s tip: If so, take a second or third look at your contracts to make sure that you are getting the...more

Comments on the Proposed Rule Regarding Credit for Lower Tier Small Business Subcontracting

Dear Ms. Fernandez: We are writing to submit comments on the above-referenced Proposed Rule, issued October 6, 2015, 80 Fed. Reg. 60,300, to amend the U.S. Small Business Administration’s (“SBA”) regulations pertaining...more

A Re-Hash on Ohio’s Prompt Payment Act

On a construction or improvement project, a developer or property owner often hires a single prime contractor to be responsible for performance of the project, and general contractors then subcontract out nearly all parts of...more

Do Not Forget! Time to Update Your Affirmative Action Plans

Many companies use the calendar year (January to December) as the plan dates for their Affirmative Action Plans (AAPs). For companies that do so, it is important to remember that current year AAPs for January 1, 2015, thru...more

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