House Armed Services Committee

On May 4, the Labor Department and Federal Acquisition Regulatory (“FAR”) Council submitted to the White House Office of Management and Budget (“OMB”) their final versions of regulations and guidance (respectively) implementing Executive Order 13673, entitled “Fair Pay and Safe Workplaces” (“FPSW Order”).  The FPSW Order, which requires contractors bidding on government contracts to disclose past violations of any one of at least 14 federal labor laws and their state law counterparts, has been met with harsh criticism from contractors and members of congress since its July 2014 issuance by President Obama.  (See our blog post here for more analysis of the proposed regulations implementing the Order.)  The most recent attack occurred just one week prior to the Labor Department and FAR Council submissions: the House Armed Services Committee adopted an amendment that would exempt the entire Department of Defense (“DOD”) from the FPSW Order.
Continue Reading Battle over “Blacklisting” Order: Obama Administration Moves Forward with Fair Pay Order as House Members Attempt to Exempt DOD

As Congress considers the FY2016 National Defense Authorization Act (NDAA) this week, political enthusiasts can look forward to plenty of minor dramas playing out on the House floor and in Senate committee rooms.  Small businesses might be more excited about a provision of the NDAA that is unlikely to make the headlines: the prospect of a five-year extension of the popular Rapid Innovation Program.

The Rapid Innovation Program was created five years ago as “a collaborative vehicle for small businesses to provide the department with innovative technologies that can be rapidly inserted into acquisition programs that meet specific defense needs.”  Each year, Department of Defense agencies identify pressing operational requirements and publish them in a broad agency announcement.  Interested bidders offer white papers, which Department representatives evaluate on a “go” or “no-go” basis.  Offerors whose white papers receive a “go” rating are invited to submit full proposals for further evaluation and decision.  The program offers funding of up to $3 million over two years.  From FY2011 to FY2015, the GAO estimates that the government will have signed contracts for 435 projects, representing more than $1.3 billion. 
Continue Reading Extending the Rapid Innovation Program