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GAO Releases FY2020 Bid Protest Statistics

by Stephanie Wilson | January 4, 2021 | Government Contracts

On December 23, 2020, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2020. 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 2,149 cases in FY2020. This figure is relatively…

Suspension on Entry of Individuals on Employment-Based Immigrant and Non-Immigrant Visas Continued to March 31, 2021

by Kristin A. Zech | January 4, 2021 | Employment & Labor Law , Immigration Law

Update to Blog Posted on June 26, 2020: Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas On December 31, 2020, President Trump extended the restrictions on entry of individuals in certain employment-based immigrant and non-immigrant visa classifications through March 31, 2021.  The initial proclamation, Proclamation 10014 on April 22, 2020,…

The District of Columbia Passes New Ban on Non-Competes

On Behalf of Berenzweig Leonard, LLP | December 22, 2020 | Employment & Labor Law

On December 17, 2020, the Council of the District of Columbia unanimously passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). The Act for the first time in D.C. will make void and unenforceable non-compete agreements that are entered into after the effective date of the law.

Always, Always Check beta.SAM.gov – Part 2

by Terrence O’Connor | December 18, 2020 | Government Contracts

With all the time and effort a contractor spends on marketing for new opportunities, it’s a shame when a missed opportunity had been previously announced on beta.SAM.gov – twice. We cannot stress enough how important monitoring beta.SAM.gov is. Several months ago, we reported on a GAO decision that concluded…

FY 2021 NDAA Small Business Contracting Changes

by Stephanie Wilson | December 16, 2020 | Government Contracts

On December 11, the Senate passed in an 84-13 vote the FY 2021 National Defense Authorization Act (NDAA), and the bill has now passed both the House and the Senate. The FY21 NDAA includes a number of provisions that impact government contractors, including those below that are of particular interest…

SBA’s Recent Changes to the Small Business Joint Venture Rules

by Stephanie Wilson | December 1, 2020 | Government Contracts

On October 16, 2020, the SBA issued an extensive final rule that makes numerous revisions and clarifications to the small business procurement regulations. We previously provided a high-level overview of some of the most significant changes implemented by the new rule. This article provides further analysis of some of the more…

DHS Issues Temporary Policy for Form I-9 under COVID-19 Update

by Kristin A. Zech | November 20, 2020 | Employment & Labor Law , Immigration Law

UPDATE: DHS recently extended its temporary policy permitting flexibility in certain I-9 requirements to December 31, 2020.  The policy, issued earlier this year in response to the COVID-19 pandemic, affords employers some flexibility in completing Form I-9 to account for a remote workforce and the difficulty some employees may currently…

Blameless Contractor Loses Contract After Agency Botches Conflict Inquiry

by Terrence O’Connor | November 20, 2020 | Government Contracts

Blameless Contractor Loses Contract After Agency Botches Conflict Inquiry A friendly foosball game between long-time friends — employees from a contractor and federal agency — led to a contractor losing a contract even though the contractor broke no laws. The Government Accountability Office recently sustained a protest because the awarding…

SBA’s Recent Changes to the SBA’s Mentor-Protégé Program

by Stephanie Wilson | November 20, 2020 | Government Contracts

On October 16, 2020, the SBA issued an extensive final rule that makes numerous revisions and clarifications to the small business procurement regulations. We previously provided a high-level overview of some of the most significant changes implemented by the new rule. This article provides further analysis of the changes…

“Free from Intrusion”: Enforcing the ACA’s Workplace Lactation Requirements

by Kristin A. Zech | November 19, 2020 | Employment & Labor Law

In 2010, the Affordable Care Act (“ACA”) changed the workplace landscape for certain lactating women by mandating that employers provide “reasonable break time for an employee to express breast milk” as well as “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers…

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