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DOL Endorses New Test for Intern Classification under the FLSA

On Behalf of Berenzweig Leonard, LLP | January 24, 2018 | Employment & Labor Law

On January 5, 2018, the Department of Labor endorsed a new test to determine what qualifies interns as employees under the Fair Labor Standards Act. This new test, also known as “primary beneficiary” test, or the Glatt test, focuses on the “economic reality” of the intern’s relationship to the employer…

Maryland Passes Paid Sick Leave Law

On Behalf of Berenzweig Leonard, LLP | January 24, 2018 | Employment & Labor Law

For businesses in Maryland, it’s time to take another look at your company’s policy on paid sick leave. The Maryland Healthy Working Families Act goes into effect on February 11, 2018. The Act requires Maryland businesses with at least 15 employees, including part-time, full-time, temporary, and seasonal workers, to offer…

The Government Has Shut Down – Now What?

by Stephanie Wilson | January 21, 2018 | Government Contracts

The federal government failed to pass a spending bill Friday night, resulting in a government shutdown. Here, we summarize five things contractors should consider when faced with a government shutdown. Contractors Must Continue Work until Directed to Stop. Implementation of the government shutdown is decentralized and not every agency, activity,…

Key Findings in DoD’s Bid Protest Study

On Behalf of Berenzweig Leonard, LLP | January 19, 2018 | Government Contracts

There has been much talk in recent years about a supposed increase in “frivolous” bid protests. In the National Defense Authorization Act for Fiscal Year 2017, Congress instructed the Department of Defense to conduct an independent study of the bid protest process in DoD procurements. The RAND Corporation recently published…

GAO Sustains Protest Where Agency Failed to Meaningfully Consider OCI

by Stephanie Wilson | January 19, 2018 | Government Contracts

A recent GAO decision highlights the fundamental procurement principle that agencies must evaluate proposals consistent with the terms of the solicitation. In AdvanceMed Corporation, the protestor argued that the awardee, Safeguard Services, LLC, was ineligible for award of a task order because its parent company had an organizational conflict of…

Recent OHA Decision Highlights Tight Deadline for Filing Size Protests

On Behalf of Berenzweig Leonard, LLP | January 15, 2018 | Government Contracts

Even though the options of long-term IDIQ contracts help a small business to grow, and perhaps even outgrow, their small business size, a competitor’s right to challenge the size status of a no-longer-small-business at the SBA is very limited. A recent decision of the SBA’s Office of Hearings and Appeals…

A Look Back on Key Government Contracting Developments in 2017

On Behalf of Berenzweig Leonard, LLP | December 18, 2017 | Government Contracts

As 2017 winds down, we revisit some of the most significant developments in government contracting this year. Among the highlights are an increased focus on cybersecurity and privacy protections, the NDAA for FY18, and the repeal of the controversial Fair Pay and Safe Workplaces rule. December 31, 2017 Deadline for…

GAO Releases FY2017 Bid Protest Statistics

by Stephanie Wilson | November 22, 2017 | Government Contracts

Earlier this month, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2017. The Annual Report provides data on the protests filed with the GAO, including a summary of the most common grounds for sustaining protests. GAO received 2,596 cases in FY2017, as compared to 2,789 the…

Failure to Intervene in Bid Protest Could Lead to a Lost Contract Award

by Stephanie Wilson | November 19, 2017 | Government Contracts

A recent U.S. Court of Federal Claims decision highlights an important factor for contract awardees to consider when deciding whether or not to intervene in a bid protest – the possibility of losing the opportunity to challenge an award to another offeror after the agency takes corrective action. In Sonoran…

Offerors May Be Required to Notify Agency When “Key Personnel” Depart before Award

On Behalf of Berenzweig Leonard, LLP | November 19, 2017 | Government Contracts

Once a vendor submits an offer to the Government, generally, the ball is in the Government’s court: it can make an award on the basis of those offers without discussions, ask for discussions, or ask for clarifications. However, as a recent Government Accountability Office (GAO) decision shows, the “ball” can…

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