IT’S OFFICIAL: “Cascading” Set-Asides Are Now Authorized at the Department of Veterans Affairs (VA)

May 24, 2018

By Wayne Simpson, CFCM, CSCM Discretionary Use by VA Contracting Officers Authorized; Must Be Approved First In what many will see as VA’s continued assault on its Veterans First Contracting Program post-Kingdomware, VA recently implemented “Cascading” set-asides.  VA refers to these set-asides as “Tiered Evaluations,” noting they are also known as “Cascading” set-asides. VA issued… Read more »

GAO Will Occasionally Review Terminations for Convenience

May 17, 2018

By Heather Mims Ordinarily, the GAO will decline to review the termination of contracts for convenience because such actions are matters of contract interpretation and are more properly brought within the context of a CDA claim. However, in the recent decision of AutoFlex, Inc., B-415926 (Apr. 19, 2018), the GAO noted that it will review… Read more »

Communication, Consistency and … the OFCCP?

May 10, 2018

By David Warner, As most federal contractors are aware, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) is the agency responsible for ensuring that contractors and subcontractors doing business with the U.S. government comply with affirmative action and non-discrimination obligations under federal laws, executive orders, and regulations. In September 2016, the… Read more »

Federal Acquisition Regulation (FAR) Update—New Rules

May 3, 2018

By Wayne Simpson, CFCM, CSCM On May 1, 2018, the General Services Administration (GSA) published FAC 2005-98 in the Federal Register, covering a number of FAR Cases with Final Rules effective May 31, 2018. The online version of the FAR ( will not be updated until May 31, 2018. FAR Case 2017-007, Task-and-Delivery Order Protest; Final… Read more »

Union Alleges GDIT Violated SCA with Thousands of Underpaid Workers

Apr 26, 2018

By Barbara Kinosky General Dynamics Information Technology (GDIT) has been accused of underpaying about 10,000 workers allegedly covered by the Service Contract Act (SCA). These workers run help hotlines for public insurance programs. Four complaints were filed Monday at the Department of Labor by the Communication Workers of America. It’s interesting that this union does… Read more »

GSA Order-Level Materials (OLMs) – Updates and Next Steps

Apr 19, 2018

By Maureen Jamieson, Executive Director of Consulting Hopefully, you have been following the breaking news regarding the final rule on Order-Level Materials (OLMs). After many years of discussion on this subject, the General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) providing the authority to acquire OLMs when placing task or… Read more »

Welcome to FOIA: Where the rules are made up and the deadline doesn’t matter

Apr 12, 2018

By Tyler Freiberger If you represent government contractors, or if you are one, it seems eventually you will develop a love-hate relationship with The Freedom of Information Act (FOIA). The purpose and goal of FOIA is somewhat remarkable; quick access to any government information not specifically confidential or otherwise classified. But in practice, this rarely… Read more »

Are VA FSS Contracts Still a Viable Option for Contractors in the VA Marketplace?

Apr 5, 2018

 By Wayne Simpson, CFCM, CSCM, Centre Consultant Some U.S. Department of Veterans Affairs (VA) Federal Supply Schedule Contractors, and prospective contractors are questioning the value of the VA FSS Program.  Changes to VA’s Acquisition Regulations (VAAR) since the unanimous U.S. Supreme Court (SCOTUS) decision in the matter of Kingdomware Technologies, Inc. vs. the United States (Kingdomware) and the… Read more »

Fraud Alert: SAM Website Hit Again

Mar 29, 2018

By Wayne Simpson, CFCM, CSCM Thousands of Registrants Potential Fraud Victims—Check Your Info!! Once again, the Federal Government’s System for Award Management (SAM) ( was the target of fraudulent activity. SAM is the official website of the United States Government for entities to register to do business with the Federal Government. The U.S. General Services… Read more »

“Hot Take” Alert – Turns Out, Dads Are Parents Too!

Mar 22, 2018

By David Warner In August 2017, the U.S. Equal Employment Opportunity Commission (“EEOC”) brought a class action lawsuit against cosmetics giant Estée Lauder alleging that the company violated federal law when it implemented and administered a paid parental leave program that automatically provides male employees who are new fathers lesser parental leave benefits than are… Read more »