New rule clarifies strict interpretation of prohibition on charging workers recruitment fees (FAR 52.222-50).

Although FAR 52.222-50 (Combating Trafficking in Persons) has for years barred federal contractors and their subcontractors from charging employees or potential employees “recruitment fees”, the outer limits of what might constitute a “recruitment fee” has been the subject of much debate within industry. That debate is now over in light of a recent rule interpretation … Continued

H.R. 190 seeks to expand contracting opportunities for small businesses, reinforce certification requirements

A new bill, H.R. 190, proposes to amend the Small Business Act to increase the ability of the government to make sole-source awards to certain small business concerns. On January 3, 2019, the new bill, called “Expanding Contracting Opportunities for Small Businesses Act of 2019” was introduced in the U.S. House of Representatives and referred … Continued

Proposed changes to FRCP 30(b)(6) (deposition of a corporate representative) and how they may affect you.

Rule 30(b)(6) of the Federal Rules of Civil Procedure has long been both a blessing and a curse for litigators. It allows for a deponent corporation, partnership, association, or government entity to identify an individual or a number of individuals to testify on the entity’s behalf. That individual, when testifying, is speaking for the entity … Continued

Documentation of agency decision can be a critical issue in bid protests

When evaluating offerors for a federal contract, agencies are required to document their evaluation decisions and judgments in sufficient detail. This is an often overlooked requirement that can be the deciding factor in a successful bid protest. A recent GAO decision reiterated this point. In Soft Tech Consulting, Inc., B-416934 (Comp. Gen. Feb. 1, 2019), … Continued

Assignments and Novations

Typically, government contracts cannot be assigned from one contractor to another. However, the law recognizes that it is in the government’s best interest to allow government contractors to undertake a merger or acquisition. Therefore, the law provides for assignment of contracts in the context of a merger or acquisition through a process known as novation. … Continued

Can the FOIA Betray Your Trade Secrets?

A company’s trade secrets can be among its most valued property.  Of course, a company’s proprietary information is only valuable insofar as it is kept secret from its competitors.   Government contractors typically include proprietary information in their proposals to the government or, for a variety of reasons, an agency may require the disclosure of … Continued

“Legitimate Interest” Under the GDPR

In our last blog post, we described generally the European Union’s new data privacy regulation that has everyone talking: The General Data Protection Regulation (“GDPR”).  Under the GDPR, a company cannot process personal data unless it can provide a legal basis for doing so.  If your company processes the personal information of people residing in … Continued