Non-Discrimination in Compensation – Compensation data collection Tool
Wednesday, August 10th, 2011
The Obama’s administration early announcement that they will be proposing a new data collection rule related to “Compensation Discrimination”. This is another attempt on the part of DOL and the Obama’s administration to force contractors to report data on employee and management compensation under the guise of identifying and preventing compensation discrimination. In reality it is a back door effort to force government contractor to either become unionized or to pay wage scales dictated by the union. If also smacks of the heavy handed approach
to government dictating how business are to pay their employees. This is no different than DOL efforts to tell Boeing where it can set up business operations and that any effort to operate in Right to Work states will be met with lawsuits from DOL.
You have an opportunity to comment, please use it. However, the only real way to prevent this proposed rule from becoming finalized it to contact your Congressional Representative loudly and
often. Because this is another attempt to kill capitalization by the Obama administration.
Click here for a copy of the Fed Reg announcing this proposed rule
Determining Manufacturing Readiness Risk as part of the Source Selection process
Monday, August 1st, 2011
DFARS (DFARS Case 2011-D031) is proposing that as part of the source selection process, manufacturing readiness and manufacturing-readiness processes of potential contractors and subcontractors, be considered for major defense acquisition programs (MDAP).
Of course nothing in the proposed rule, as described in the Federal Register, defines what manufacturing readiness and processes are and how that will be measured/determined during the source selection process.
Most likely DoD is floating this rule out there to get major manufactures input, through their comments, on how this would work, and what the parameters should be.
While most major prime contractors would be able to address this potential issue, it is the subcontractors on such MDAP that need to be concerned about the proposed rule. Because it would not be the CO obtaining this information during the source selection process, but the prime obtaining the information from prospective subcontractors. This could expose the subcontractors intellectual property as it relates to its manufacturing processes, to the prime.
This could put the subcontractor at a significant negotiating disadvantage with the prime. Another area, from this administration, in a long line of new risks being faced by subcontractors.
Tim Di Guiseppe
Click here for a copy of the Federal Register and info on where to submit comments
Contracting with the U.S. Government
Wednesday, May 18th, 2011
A great paper by Rod Marvin, Esq., of Cohen and Mohr, on all aspects of doing business with the Federal government and how best to be successful in this market. While it is a long paper, it is a great resource to keep in your files for a reference tool on the many requirements of doing business with the government.
Click here for a copy of the White Paper
