Agency employment – Morrissey Agency http://morrisseyagency.com/ Mon, 23 May 2022 16:06:05 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://morrisseyagency.com/wp-content/uploads/2021/11/icon-120x120.jpg Agency employment – Morrissey Agency http://morrisseyagency.com/ 32 32 OFCCP Entrepreneur Portal Single Entity Testing | Approximately https://morrisseyagency.com/ofccp-entrepreneur-portal-single-entity-testing-approximately/ Mon, 23 May 2022 15:57:27 +0000 https://morrisseyagency.com/ofccp-entrepreneur-portal-single-entity-testing-approximately/ [author: Craig Leen] Important to determine if your company should certify all of its entities The OFCCP Entrepreneur Portal deadline is approaching. Covered federal contractors and subcontractors (collectively referred to as contractors) must certify whether they meet their requirement to develop and maintain annual Affirmative Action Programs (AAPs) by June 30, 2022. Specifically, contractors must […]]]>

[author: Craig Leen]

Important to determine if your company should certify all of its entities

The OFCCP Entrepreneur Portal deadline is approaching. Covered federal contractors and subcontractors (collectively referred to as contractors) must certify whether they meet their requirement to develop and maintain annual Affirmative Action Programs (AAPs) by June 30, 2022. Specifically, contractors must certify whether they have developed and maintained a positive policy. action program for each establishment and/or functional unit, as the case may be.

But is it clear who should certify – and what you certify? If your organization is a federal contractor, you probably realize that you need to certify, but not everyone realizes that if their business is affiliated with other companies, those related parent companies, subsidiaries, and affiliates may also have need to certify under the single entity. Test.

What do you certify?

In DIR 2022-02, OFCCP clarified that when Covered Contractors use the OFCCP Contractor Portal to register and annually certify compliance with their AAP obligations, they are certifying that they have developed and maintained “comprehensive” PAAs. For more details on the components and obligations of the AAP, see generally 41 CFR part 60-2; 41 CFR part 60-300, subpart C; and 41 CFR Part 60-741, Subpart C. A great place to start is the OFCCP Supply and Service Technical Support Guide.1which describes the obligations of the AAP in detail useful here 1https://www.dol.gov/sites/dolgov/files/OFCCP/SupplyService/files/508_sstag_12032020.pdf

Some concern has been expressed that OFCCP’s reference to a “complete” PAA in DIR 2022-02 means the agency can challenge a certification when a technical deficiency in a substantially compliant PAA is later found. Hopefully this is not the case, as the best use and clear purpose of the contractor portal was to ensure good faith compliance with the AAP obligation in order to address a 2016 recommendation from the Government Accountability Office, and thus to increase positive action in the field of employment. One thing to note is that this clarification that a “full” AAP is required to certify compliance was not included in the information gathering request that was approved by the Office of Management and Budget under red tape reduction act. Nevertheless, it is generally best to try to comply with OFCCP guidelines to avoid problems in the future, and of course having a full PAA is the goal of compliance, so it is recommended to consult an attorney regarding the “full” AAP reference.

When you go to certify, you will be offered three possible options:

  1. The entity has developed and maintained positive action programs in each establishment, as the case may be, and/or for each functional unit;
  2. The entity was a party to an eligible federal contract or subcontract for 120 days or more and did not develop or maintain affirmative action programs at each facility, as applicable; or
  3. The entity has become a covered federal contractor or subcontractor within the last 120 days and therefore has not yet developed applicable affirmative action programs.

Assuming you have PAAs in place, you will most likely choose the first option. However, if you are a federal contractor with an establishment (for example, let’s call this establishment A) that has a federal contract that meets jurisdictional requirements, this does not mean that only Institution A is required to have a PAA. The OFCCP considers each business location to be subject to the AAP requirement, unless you have received a separate facility exemption waiver. Similarly, if you have a parent, subsidiary, or affiliate that could be considered a single entity with the contractor, their establishments may also be subject to the AAP requirement.

Single entity test

The OFCCP provides the following FAQs on the Entrepreneur Portal on its website:

If either of the two scenarios below are true, each independent subsidiary assumes federal contractor status, is subject to the jurisdiction of the OFCCP, and is required to prepare its own AAP and certify compliance.2

  1. The subsidiary holds its own covered federal contract(s), in which case it will remain subject to the jurisdiction of the OFCCP; or
  2. The subsidiary does not hold its own federal contract(s), but is so closely related to the parent company that it constitutes a single entity for purposes of OFCCP jurisdiction.

2https://www.dol.gov/agencies/ofccp/faqs/contractorportal#14

This scenario only focuses on the example of a parent company and its subsidiary, but the single entity problem arises with all the affiliates. Determining whether a subsidiary is a single entity with a federal contractor or not is a complicated matter. It is recommended that you seek legal counsel to determine the relationship between the entities and the parent company. It is also recommended that you request and receive this assessment in writing so that, if you are audited, you can demonstrate your due diligence if necessary.

Factors Used by OFCCP for Single Entity Determination

The OFCCP applies the following factors3, derived from case law, to determine whether a separate business or organization constitutes a single entity for the purposes of the jurisdiction of the OFCCP. The test requires the OFCCP to examine whether:

  • Entities have a common property;
  • The entities have common directors and/or managers;
  • One entity exercises de facto day-to-day control over the other through the policies, management or oversight of the entity’s operations;
  • The personnel policies of the entities emanate from a common or centralized source; and
  • The operations of the entities are dependent on each other, for example services are provided primarily for the benefit of one entity by another and/or both entities share management, office space or other services.

3https://www.dol.gov/agencies/ofccp/faqs/single-entity-test

As for the most important factor for OFCCP, the agency stated in Single Entity Testing FAQ #3 that “[t]Although no single criterion is determinative under the single entity test, it is increasingly recognized that centralized control of employment decisions is the most important factor. (quote omitted).

It is important to remember that if an entity is a covered contractor, all establishments must have affirmative action programs. There is a caveat to this, called the Separate Installation Exemption Waiver.

Separate Installation Exemption Waiver

The Separate Establishment Exemption Waiver was put in place during the George W. Bush administration and allows the Director of the OFCCP to exempt certain establishments or establishments from having to comply with the requirements of the AAP. Please note that such waivers are rare. It is recommended that you speak with legal counsel before requesting any of these waivers from the OFCCP.

Exemptions 60-1.5: Installations not linked to contracts.

The Director may exempt from the requirements of the equal opportunities clause any installation of the main contractor or sub-contractor which [the Director] is in all respects separate and distinct from the activities of the Project Manager or Subcontractor relating to the performance of the Contract or Subcontract, provided that [the Director] also finds that such an exemption will not interfere with or hinder the enforcement of the order.4

4https://www.law.cornell.edu/cfr/text/41/60-1.5

The OFCCP has implemented this provision by Directive 2002-015which provides the process and factors used by the Director of the OFCCP to determine whether to grant the waiver.

5https://www.dol.gov/agencies/ofccp/directives/2002-01

Affiliate Certification Options Not Covered

If you access the contractor portal and see entities or establishments that are not part of a single entity with the federal contractor and its establishments, it is recommended that you engage an attorney to determine the best way to proceed so that you certify correctly and that you do not certify incorrectly. for entities that are not a covered contractor and not a single entity with a covered contractor.

As a reminder, determining whether a company with a parent company and subsidiaries is a single entity is a complicated matter and companies must engage legal counsel before the June 30 deadline.


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GOP nominee’s security clearance becomes an issue in SC https://morrisseyagency.com/gop-nominees-security-clearance-becomes-an-issue-in-sc/ Sun, 22 May 2022 22:32:32 +0000 https://morrisseyagency.com/gop-nominees-security-clearance-becomes-an-issue-in-sc/ SUMMERVILLE, SC (AP) — After losing a high-profile bid for a congressional seat from South Carolina in 2018, Republican Katie Arrington took a job at the Department of Defense, where she focused on securing military supply chains, ensuring that thousands of companies that contract with the federal government were implementing cybersecurity protocols. Arrington’s public servant […]]]>

SUMMERVILLE, SC (AP) — After losing a high-profile bid for a congressional seat from South Carolina in 2018, Republican Katie Arrington took a job at the Department of Defense, where she focused on securing military supply chains, ensuring that thousands of companies that contract with the federal government were implementing cybersecurity protocols.

Arrington’s public servant job as the Information Officer for the Office of Acquisition and Sustainment was in line with what she describes as her lifelong passion for…

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SUMMERVILLE, SC (AP) — After losing a high-profile bid for a congressional seat from South Carolina in 2018, Republican Katie Arrington took a job at the Department of Defense, where she focused on securing military supply chains, ensuring that thousands of companies that contract with the federal government were implementing cybersecurity protocols.

Arrington’s civil servant job as the information officer for the Office of Acquisition and Sustainment was in line with what she describes as her lifelong passion for cybersecurity and defense. But as she seeks to revive her political career, Arrington’s time at the Pentagon becomes a central issue in her campaign.

Freshman GOP Rep. Nancy Mace, whom Arrington hopes to defeat in South Carolina’s June 14 primary, asks Arrington to take a polygraph test on why she lost access to classified information. An anti-Arrington website funded by Mace, meanwhile, has sections titled “Leaks Classified Information” and “Buted: Loses Her Security Clearance.”

The dispute is expected to surface in a debate between the two on Monday.

The episode reflects the intensity of one of the most watched GOP congressional primaries this year. Former President Donald Trump, who backed Mace in 2020, backed Arrington’s bid to unseat her, angered by the incumbent’s criticism of her, including her role in instigating the Jan. 6 insurgency 2021 at the US Capitol. The result will be another barometer of Trump’s influence within the GOP as he weighs another potential White House offer.

Mace’s campaign argued that Arrington’s clearance status is fair game for someone seeking to represent a congressional district with a large military population. But in an interview, Arrington insisted Mace was “lying” about the issue. She is stepping up her efforts to refute the attacks, including providing The Associated Press with a sworn statement from an unnamed intelligence officer who worked with her and said he never worried about her handling of information classified.

Arrington’s security clearance was suspended and she was placed on leave from the Pentagon in May 2021 when officials accused her of improper disclosure of classified information.

Arrington says the incident centered on her communication with a contractor whose name had been revealed in a top-secret briefing she had received – an “unmasking” which she says had already happened around the time the information reached him.

In the interview, she said that during her daily briefing, an intelligence officer relayed information to her related to a possible problem with the contractor. According to Arrington, she and the officer were surprised that the contractor’s name was included in the information, but accepted that a superior made that decision.

Told that the company had already been notified of the issue, Arrington said she followed protocol by first notifying a supervisor before calling the company to see if she could be of assistance – a call that, according to Arrington, sparked the investigation that resulted in his suspension.

The intelligence officer who passed on the information came to support Arrington. In an April 27 affidavit shared with AP, the officer — who is unidentified due to his continued employment as an intelligence informant — wrote that he never had any concerns about the Arrington’s access to classified information.

“I have never seen her mismanage any classified information or documents from this program,” the briefer wrote in a sworn statement. “I am completely at a loss based on my specific knowledge of the matter as to what security breach was allegedly committed.”

In the affidavit, the briefer also noted that superiors told him that Arrington “committed a security breach by sharing information with a defense contractor through insecure means” and asked him “a series questions” about Arrington’s political affiliations, which Arrington said had already been widely known, given his previous run for Congress.

Arrington also said his policy emerged shortly after the Biden administration took over at the Pentagon. In early 2021, Arrington said she asked her new supervisor, Jesse Salazar, about his experience with cybersecurity, to which she says Salazar replied, “Absolutely none.”

“But what scared me,” Arrington told AP, “is the question he asked me back: ‘Why are you still here? I thought we fired you all.

Although Arrington had a political background, she was classified as a public servant at the Pentagon, making such a comment inappropriate, she said.

“I was literally blacklisted because I was a Republican, because I was associated with Trump,” she said.

The Pentagon declined to comment on Arrington’s employment, citing his pending Freedom of Information Act lawsuit over communications related to his suspension, and AP was unable to otherwise confirm his characterization of the conversations. policies with Pentagon officials.

In his response to that litigation — which includes Arrington’s assertion that Pentagon officials did not “want Arrington to serve in a leadership position in the Biden administration because of his previous close ties to the President Trump” – Department of Defense officials wrote repeatedly that the charges “contained characterization of alleged background information, not factual allegations relevant to the resolution of the claims at issue in this FOIA action to which a response would be required.

According to Arrington, the information officer requested that his affidavit be declassified so that Arrington could share it while his Freedom of Information Act claim proceeds against the Department of Defense.

The investigation into Arrington’s clearance dragged on through 2021, with Arrington suing the Pentagon in October, accusing officials of failing to take “significant substantial steps to advance their investigation.” The claim was settled in January, with the Pentagon paying its attorney’s fees but providing “no significant facts useful to enable Arrington to substantially respond to the allegations,” according to Arrington’s subsequent FOIA lawsuit, filed in April.

At no time, however, was his clearance revoked entirely, which Mace claimed. And according to Arrington, she kept her laptop, cell phone, secure information access device and diplomatic passport, all of which were viewed by AP at her home.

The National Security Agency referred comments on its dispute to the Pentagon, which declined to comment on the allegation.

Arrington resigned days after disbanding his job in February, subsequently launching his campaign against Mace.

___

Meg Kinnard can be reached at http://twitter.com/MegKinnardAP.

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Biden keeps his job at the gaffe factory, at least https://morrisseyagency.com/biden-keeps-his-job-at-the-gaffe-factory-at-least/ Sat, 21 May 2022 20:33:35 +0000 https://morrisseyagency.com/biden-keeps-his-job-at-the-gaffe-factory-at-least/ It’s the weekend at Biden again, and Dementia Joe Biden reflected on the dysfunction plaguing those fruity plains. Specifically, Brandon worries about the mentally ill who roam the streets of America: “(People) who are just bothered, who are, who are sensitive, who are, who are just lost and don’t know what to do, and they’re […]]]>

It’s the weekend at Biden again, and Dementia Joe Biden reflected on the dysfunction plaguing those fruity plains. Specifically, Brandon worries about the mentally ill who roam the streets of America:

“(People) who are just bothered, who are, who are sensitive, who are, who are just lost and don’t know what to do, and they’re easily taken, they’re easily sucked in, and it’s gotta Stop, we gotta admit it, I don’t know why we’re not admitting what’s going on. Anyway…”

Do you have a mirror, sir?

As always, all dialogue guaranteed verbatim.

Biden is now in Asia to visit, among other places, South Korea and “President Moon Yoon” (his name is Yoon Seok-Youl).

But before Brandon left the assisted living facility at 1600 Pennsylvania Avenue, he warmly welcomed some visitors to the White House:

“Thank you all for being here and I want you to enjoy the rest of the recession.”

Technically, Mr. President, the recession has not even started yet. You said you had to be a “mind reader” to see the baby formula shortage coming. But apparently you are able to foresee the economic calamities that your policies will cause in the weeks to come.

FDR said the only thing we should fear is fear itself. Now Brandon says, “I want you to enjoy the rest of the recession.”

At the White House or on the road, Dementia Joe sometimes has to introduce other people. It’s not easier for him to remember who someone is or what he does.

Just ask “President Harris”. Or the president of “Fine Finland”, which he called “Nisto”. His name is “Niinisto”. He said Senator Rick Scott of Florida represents Wisconsin. He called Raytheon “Ray Raython”.


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CBI grills Bengal Minister Paresh Adhikari for third day of daughter’s ‘illegal’ appointment https://morrisseyagency.com/cbi-grills-bengal-minister-paresh-adhikari-for-third-day-of-daughters-illegal-appointment/ Sat, 21 May 2022 07:27:12 +0000 https://morrisseyagency.com/cbi-grills-bengal-minister-paresh-adhikari-for-third-day-of-daughters-illegal-appointment/ Polling agency CBI interviewed Bengal Minister Paresh Adhikari for the third consecutive day Kolkata: Polling agency CBI today questioned West Bengal Minister Paresh Adhikari for the third consecutive day over the ‘illegal’ appointment of his daughter Ankita as a primary school teacher. The Calcutta High Court on Friday dismissed Ankita Adhikari from her job at […]]]>

Polling agency CBI interviewed Bengal Minister Paresh Adhikari for the third consecutive day

Kolkata:

Polling agency CBI today questioned West Bengal Minister Paresh Adhikari for the third consecutive day over the ‘illegal’ appointment of his daughter Ankita as a primary school teacher.

The Calcutta High Court on Friday dismissed Ankita Adhikari from her job at a government-subsidized school and demanded that she return the salary she received during her 41 months as a teacher.

Paresh Adhikari, the Minister of State for Education, arrived at the Central Bureau of Investigation (CBI) office around 10:35 a.m. with a dossier which sources close to him said contained several important documents related to the appointment .

According to a CBI official, Mr Adhikari may be asked about various phone calls he made from his mobile phone regarding the nomination of his daughter Ankita.

“The calls may relate to his daughter’s appointment as an assistant teacher at an elementary school. Like yesterday, we will be filming the entire interrogation,” the CBI detective said.

The MP for Mekliganj was questioned for more than nine hours on Friday and almost four hours on Thursday evening as part of the investigation.

CBI insiders have told Press Trust of India that central agency officials may call Ankita Adhikari for questioning next week.

(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)


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Weekly Update for Government Contractors and Commercial Enterprises – May 2022 #3 | PilieroMazza SARL https://morrisseyagency.com/weekly-update-for-government-contractors-and-commercial-enterprises-may-2022-3-pilieromazza-sarl/ Fri, 20 May 2022 11:43:34 +0000 https://morrisseyagency.com/weekly-update-for-government-contractors-and-commercial-enterprises-may-2022-3-pilieromazza-sarl/ GOVERNMENT CONTRACTS GSA Seeks Comments on Potential Changes to Polaris Joint VenturesCy Alba, May 13, 2022On May 13, 2022, the General Services Administration (GSA) released a draft of proposed amendments to the Polaris Government-Wide Acquisition Agreement (GWAC). Specifically, the agency is proposing to revise Section L.5.1.3.1 of the Request for Proposals (RFP), dealing with joint […]]]>

GOVERNMENT CONTRACTS

GSA Seeks Comments on Potential Changes to Polaris Joint VenturesCy Alba, May 13, 2022
On May 13, 2022, the General Services Administration (GSA) released a draft of proposed amendments to the Polaris Government-Wide Acquisition Agreement (GWAC). Specifically, the agency is proposing to revise Section L.5.1.3.1 of the Request for Proposals (RFP), dealing with joint ventures, after reviewing industry comments and speaking with the Small Business Administration (SBA ). The GSA pointed out that the wording is in draft form and is subject to change. Most importantly, members of the small business information technology community are encouraged to provide feedback to Polaris@gsa.gov by May 23, 2022. Learn more here.

Federal Circuit Clarifies Scope of Incorporation by ReferenceKevin Barnett, May 10, 2022
A recent Federal Circuit ruling provides helpful guidelines for contractors who wish to incorporate their standard trade terms into their government contracts. The federal government often claims that it wants to make its contracting process more like the commercial market, but the government does not make it easy for commercial companies to do business with it. CSI Aviation, Inc. v. Department of Homeland Security highlights potential confusion surrounding the terms and conditions governing government contracts for commercial products or services. There, the contractor was successful after several levels of appeals, with the Federal Circuit ruling that the contractor’s cancellation policy was incorporated by reference into its contract. To minimize disputes over applicable terms, federal contractors should ensure that their standard trade terms are incorporated by reference unambiguously. Learn more here.

SBA Ends Class Exemption to Non-Manufacturer Rule for X-Ray Equipment
The Small Business Administration (SBA) is ending the class exemption from the Non-Manufacturer Rule (NMR) for the following products, under NAICS code 334517: manufacture of irradiation devices, manufacture of computed axial tomography scanners (TC/CAT); manufacture of CT/CAT scanners (computerized axial tomography); manufacture of fluoroscopes; manufacture of fluoroscopic x-ray apparatus and tubes; X-ray generators, manufacture; manufacture of irradiation equipment; manufacture of X-ray generators; and the manufacture of X-ray irradiation equipment, because the agency learned of a small company manufacturing the identified products. Small businesses will no longer be permitted to supply any manufacturer’s product regardless of size on identified items unless a federal procurement officer obtains an individual NMR waiver. The termination of the class exemption takes effect immediately. Learn more here.

SBA adjusts civil monetary penalties for inflation
The Small Business Administration (SBA) issued a final rule that amended its regulations to adjust the amount of specified civil monetary penalties for inflation. This rule went into effect on May 11, 2022. Learn more here.

President Biden is already willing to increase recent demand for defense spending
NextGov reported that a Defense Department official acknowledged that inflation could cause the Biden administration to ask for more money just six weeks after the president sent his $773 billion spending request to Congress for fiscal year 2023. Learn more here.

GAO recommends steps to reduce $1.8 billion maintenance backlog for Navy surface ships
Reducing the Navy’s nearly $1.8 billion backlog for surface ship maintenance could help fleets last longer and improve Navy operations, the Government Accountability Office said ( GAO). The GAO made recommendations to improve the Navy’s maintenance process. One recommendation was to include backlog reduction in performance targets. Learn more here.

Upcoming Presentations on Government Contracts

EVENT: Basic Requirements for Public Procurement, May 23, Peter Ford. Learn more here.

EVENT: Peeps for Keeps: Finding and Managing Talent in a Competitive Labor Market, May 24, Nichole Atallah. Learn more here.

WEBINAR: Supply Chain Pain: How Government Contractors Can Get Relief for Supply Chain Issues, May 24, Kevin Barnett. Learn more here.

WEBINAR: Uncovering the Secrets of Debriefings, Government Assessment of Proposals and Protests, June 1, Peter Ford and Meghan Leemon. Learn more here.

WORK AND EMPLOYMENT

DOL recovers $799,000 in back wages after investigation finds incorrect wages and benefits for electricians paid by New Jersey contractor
Eleven electricians on a federally funded construction project in Paterson, NJ, have recovered $799,000 in back wages from Deen Electrical Contractors Inc. The Jersey City, NJ electrical contractor violated Davis Bacon Law by paying electrician wages and benefits at a lower rate intended for blue-collar workers, the Department of Labor (DOL) said. Learn more here.

DOL recovers $624,000 in back wages for 92 Charleston restaurant workers
A Department of Labor (DOL) investigation found that 167 Raw King Street LLC in Charleston, South Carolina, required tip employees at its restaurant to share tips, invalidating the employer’s claim to a tip credit. This practice led to violations of federal minimum wage and overtime rules because the company did not pay tipped employees the difference between their direct pay and minimum wage and did not pay them the rate. appropriate overtime. DOL recovered $624,017 in back wages for 92 workers. Learn more here.

Technology services company pays $319,000 in overtime to 57 employees in New York
Pictometry International Corp., doing business as EagleView Technologies Inc., paid $319,141 in back wages to 57 employees after a Department of Labor (DOL) investigation found the company filed mistakenly 57 employees at its Rochester, NY facility, as being exempt from overtime pay. The company, which provides technology services such as aerial imagery and data analysis, also did not keep time records for these workers and did not include a non-discretionary annual bonus in the calculation of their overtime pay rates, DOL said. Learn more here.

Florida special needs pediatric caregiver to pay 160 workers $303,000 in overtime
A Department of Labor (DOL) investigation found that Angels on Earth PPEC Inc., a pediatric special needs caregiver in Florida, failed to pay workers one and a half times their normal overtime pay rate and did not keep records of their working hours. The employer will pay $303,367 in back wages for 160 workers for these violations of the Fair Labor Standards Act. Learn more here.

Upcoming Labor and Employment Presentations

EVENT: Peeps for Keeps: Finding and Managing Talent in a Competitive Labor Market, May 24, Nichole Atallah. Learn more here.

DISPUTE AND DISPUTE RESOLUTION

Construction company agrees to pay $2.8 million to resolve small business subcontracting fraud allegations
Hensel Phelps Construction Company, a large construction company headquartered in Greeley, CO, has agreed to pay $2.8 million to resolve allegations that it mishandled a federal subcontract. The contract, to supply kitchen and catering equipment for the Armed Forces Retirement Home, was designated for a business owned and operated by a disabled veteran. According to the Department of Justice (DOJ), Hensel Phelps admitted that after fully negotiating the subcontract with a company that was not a Disabled Veteran-Owned Small Business (SDVOSB), he entered into a subcontract with a SDVOSB instead of performing the subcontract with the first company. The subcontract provided for the same work and used the same terms and prices that Hensel Phelps had agreed to with the first firm, but included an additional 1.5% charge to the SDVOSB. Hensel Phelps admitted that he should have known that the SDVOSB was only an intermediary for the first company, which provided all the work on the subcontract, and that the role of the SDVOSB was limited to providing its status of SDVOSB and make it appear as an SDVOSB was performing the job. Learn more here.

Virginia IT Company agrees to pay $800,000 to resolve False Claims Act allegations
An information technology company in Arlington, Va., has agreed to pay $800,000 to resolve alleged False Claims Act violations. Subsystems Technologies Inc. (STI) admitted that its employees purchased electronics and luxury items for personal use by themselves and government employees and then improperly charged those items to government contracts held by STI for services at Picatinny Arsenal in Morris County, NJ, the Justice Department announced. Learn more here.

Court allows limited discovery in bid protest alleging misrepresentation by beneficiary
In a post-award protest, the U.S. Federal Claims Court ruled that plaintiff American Roll-on Roll-off Carrier Group, Inc. (ARC) should be allowed to seek information upon discovery of an alleged misrepresentation by the recipient, HomeSafe Alliance, LLC. ARC says HomeSafe materially compromised the security level of its information technology system before winning an $18 billion relocation services contract from the Department of Defense, US Transportation Command. Finding that ARC is entitled to limited disclosure related to fulfilling its obligation to prove that HomeSafe’s representation was untrue, the court allowed ARC to serve Home Safe with two examinations and a request for admission. Learn more here.


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Clark County 911 Dispatchers Tackle a Tough Job – and They’re Hiring https://morrisseyagency.com/clark-county-911-dispatchers-tackle-a-tough-job-and-theyre-hiring/ Thu, 19 May 2022 13:05:56 +0000 https://morrisseyagency.com/clark-county-911-dispatchers-tackle-a-tough-job-and-theyre-hiring/ But it is not an easy process to start answering emergency calls. Agency spokesman Eric Frank warns that the position is a career, not just a job, and applicants should be prepared for a demanding year of training with an ever-changing schedule. Candidates do not need a university degree or any prior training. They don’t […]]]>

But it is not an easy process to start answering emergency calls. Agency spokesman Eric Frank warns that the position is a career, not just a job, and applicants should be prepared for a demanding year of training with an ever-changing schedule.

Candidates do not need a university degree or any prior training. They don’t even have to know all of Clark County because that’s part of the training academy, Frank said. Candidates will take a test to measure their keyboarding, memorization and recall skills, which Frank says has a 60% pass rate.

Many current dispatchers have said they are drawn to the dynamic pace of work and the fact that no two days are the same. Jennifer Melton loves when she puts a problem together, like a puzzle, collaborating with her co-workers to connect multiple calls they’ve received throughout the day.

Frank noted a call the Clark Regional Emergency Services Agency received about a person in trouble at a local river. Rescuers were too far away to get to the person in a timely manner, so a dispatcher started calling. The dispatcher found someone with a private boat nearby who could get to the person much faster.

“It’s life or death”

Agency supervisor Jodi Gaylord said she approaches each call as if she’s leading the caller down a hallway with doors on all sides, representing police, firefighters, paramedics, crisis negotiators , mental health providers and many other services. It’s her job to get everyone through the right door, she said.


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Intelligence agency wary of Islamic radicalization in Trinidad and Tobago https://morrisseyagency.com/intelligence-agency-wary-of-islamic-radicalization-in-trinidad-and-tobago/ Thu, 19 May 2022 01:29:02 +0000 https://morrisseyagency.com/intelligence-agency-wary-of-islamic-radicalization-in-trinidad-and-tobago/ News Sean Douglas 6 minutes ago In this file photo, women walk in al-Hol camp which houses some 60,000 refugees, including families and supporters of the Islamic State group, many of them foreign nationals, in Hasakeh province, Syria , May 1, 2021. – AP PHOTO The Strategic Services Agency (SSA) 2021 Annual Report said Trinidad […]]]>

News



In this file photo, women walk in al-Hol camp which houses some 60,000 refugees, including families and supporters of the Islamic State group, many of them foreign nationals, in Hasakeh province, Syria , May 1, 2021. – AP PHOTO

The Strategic Services Agency (SSA) 2021 Annual Report said Trinidad and Tobago now faces a potential threat from terrorist actors whom the SSA appears to link to sympathizers of local individuals who had become foreign terrorist fighters. (FTF) who are now being held in Syria and Iraq. The report was tabled in the Senate on Tuesday, along with the SSA’s annual reports for 2019 and 2020.

“There are approximately 130 local Foreign Terrorist Fighters (FTF) detained in camps in Syria and Iraq. Conflicting figures are still available, given the restricted flow of information from these areas.”

The report expected the issue to keep intelligence and immigration authorities busy, especially if new legislation were to allow mass repatriation.

“Given the court ruling in 2021, local sympathizers – including radicalized local actors who defend and legally challenge the state – may eventually become more disenchanted and hostile to the state.

“Terrorist actors remain a serious threat to TT as they aim to spread radicalized philosophies through moral panic and recruit otherwise disenchanted and easily susceptible people.

“The recruitment of people leaving or entering the prison system, illegal immigrants and others who come from historically radical families, remains an ever-present threat.”

The easy availability of illegal firearms could provide fertile ground for engaged threat actors, according to the report.

“In conclusion, while the terrorist threat has diminished, there are several people who remain radicalized but perhaps disillusioned. This combination is linked to the decimation and non-fulfilment of the Islamic State agenda in the globally and in pursuit of the compromise of Al-Qaeda and other terrorist groups.

“There remain several people of radical leanings, who are either incarcerated or affiliated with incarcerated people, and are motivated to attack prison facilities, as well as other elements and people attached to the national security apparatus.

“The local terrorist threat, although latent, may experience a resurgence as these actors may be galvanized by the various community leaders, possible repatriations of FTFs and the perception that the state is slow to recognize them and their concerns.”

The 2020 SSA report estimated that in 2020 the local terrorist threat had been reduced, with several radical individuals concerned about facilitating the repatriation of detained relatives in Syria and Iraq.

“Their strategy was multifaceted as several protagonists sought to influence the state through the use of social media, international observers and politicians. While the state did not bow to pressure to repatriate nationals, this was partly facilitated by the closure of borders due to the covid19 pandemic.

“There may be increased pressure in 2021 pending covid19 mitigation efforts.”

The report said about 100 suspected TT citizens were in Syrian and Iraqi camps for FTF, including 15 men, 24 women and 63 children.

“It is expected that as desperation grows, supporters will seek to influence governance structures through legislative pressure and through alliances with pressure groups and other civil society associations.

“Some politicians seeking support, influential figures in the legal fraternity, as well as some sympathetic business owners are expected to join the appeal to the government in the hope of giving impetus to the repatriation. .”

The SSA in 2020 said terrorist actors remained a serious threat in the TT due to their radical leanings.

“Their association with the underworld and the use of the drug and ammunition trade to obtain money to facilitate anti-state actions and behavior will continue to attract the attention of law enforcement and law enforcement agencies. intelligence services Recruitment may also become an issue for national security officers, as more and more disenfranchised young people are left behind as schools close due to covid19, reduced opportunities legitimate employment and education.

“Radical extremism is therefore one of the other threats in the terrorism environment. Patterns of radical recruitment should therefore be observed.”

Lawyer Nafeesa Mohammed had, in a Newsday article in September 2020, called for the repatriation of 21 women and 66 children.

“These women and children are displaced people. They are victims. They suffer and beg to go home.

Saying that they had simply wished to live in a Muslim state, she said: “But that fell apart. He crashed. There is no more ISIS and none of us support terrorist activities.

Then-Attorney General Faris Al-Rawi told Newsday in July 2020: “They didn’t go on vacation. They left for terrorism. They were killed in action in ISIS.

“Have you seen what ISIS did? Behead people. Rape children. Rape women. You can’t, in a government position, look past something like that.

“The Muslim community has overwhelmingly argued that we oppose terrorism.”


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What Kaye Adams’ IR35 ruling really means for IT contractors https://morrisseyagency.com/what-kaye-adams-ir35-ruling-really-means-for-it-contractors/ Tue, 17 May 2022 09:23:11 +0000 https://morrisseyagency.com/what-kaye-adams-ir35-ruling-really-means-for-it-contractors/ The courts correct the courts on which of them is right on IR35 – a framework that all medium and large organizations are now supposed to be able to work out on their own, even if the best judges in our country go against each other when it applies, writes Chris Hadrill, a partner in […]]]>

The courts correct the courts on which of them is right on IR35 – a framework that all medium and large organizations are now supposed to be able to work out on their own, even if the best judges in our country go against each other when it applies, writes Chris Hadrill, a partner in the employment law team at Redmans Solicitors.

I am of course referring to the recent case of HMRC v Atholl House Productions Ltd.

For the uninitiated, a recap or two, or three in fact, is in order.

According to a judgment published this month, the Court of Appeal upheld an appeal by HMRC against an Upper Tribunal ruling that BBC presenter Kaye Adams was not a BBC employee. The CoA found that the initial first level court and after it the higher court had applied the law incorrectly.

What were HMRC’s facts against Atholl House Productions Limited?

Atholl House Productions Ltd is the personal services company of Ms Adams, a Scottish journalist and broadcaster.

HMRC launched an investigation into Atholl House’s tax affairs and concluded that a number of contracts the company had signed with the BBC were covered by IR35. These contracts stipulated that Ms. Adams was do not obliged to work exclusively with the BBC, but she had to fulfill a minimum commitment of 160 programs and a minimum contract fee, as well as the BBC having the right of first appeal on her services (subject to Ms Adams’ other commitments).

HMRC concluded that this arrangement meant Ms Adams should be treated as a BBC employee, rather than an independent contractor. As a result, HMRC argued that the payments Atholl House received from the BBC should be treated as employment income, with tax and National Insurance contributions being payable on these monies.

Atholl House appealed against HMRC’s decision to the Court of First Instance.

The decision of the Court of First Instance

The First Tier Court upheld Atholl House’s appeal, finding Ms Adams was not a BBC employee when the test set out in the Ready Mixed Concrete Ltd. applied case.

Basically, this test states that a person should be considered an employee when:

1) there was mutuality of obligation between the parties;

2) control was sufficient; and

3) if the first two criteria were met, there were no other factors to rule out the conclusion that the person been an employee.

The first tier court found that although there was a reciprocity of obligations between Ms Adams and the BBC under the terms of Atholl House’s contracts with the BBC, there was some control, but not sufficient , from the BBC on Ms Adams to make her an employee. of the organism.

Furthermore, the FTT also found that the terms of the contracts which Atholl House had entered into with the BBC did not accurately reflect the actual agreement between the parties (because, despite the terms of the contracts, the BBC did not in fact the first use of her services and she was also not required to obtain consent to work with third parties). Additionally, under a “hypothetical contract” that included the actual terms, the agreement was do not an employment contract, but a service contract.

HMRC appealed to the Upper Tribunal.

The decision of the higher court

The Upper Tribunal held that the FTT erred in its application of the law by failing to apply the normal rules of contractual interpretation set out in the Autoclenz Ltd Case. The Upper Tribunal, however, held that despite these errors, there was no contract of employment between Ms Adams and the BBC, as she had entered into the hypothetical contract with the BBC under which she would operate her own account.

HMRC, again, appealed to the Court of Appeal.

Third time is a charm? The judgment of the Court of Appeal

HMRC argued that the Upper Tribunal incorrectly applied the Ready-Mixed Concrete Act by applying a “proprietary undertaking” test rather than correctly analyzing the “other factors” which would determine whether whether or not there was an employment contract in place (or not). The Court of Appeal therefore sent the case back to the Upper Tribunal.

What does the CoA decision mean for entrepreneurs?

The key takeaway from this case is its emphasis on the fact that the three parties to the Ready-mixed concrete criterion must be established – for an employment contract to be concluded between one party and another. So the Needs be:

  1. A mutuality of obligations between the parties (i.e. one party pays a salary for services and the other party is required to provide its own services to undertake the services);
  2. Sufficient control by one party over the other (i.e. one party decides how things are done, when they are done, who gets to do the work, etc., with the other party having little or no power); and
  3. No other factor can negate the conclusion that the person was an employee.

Here’s why some contractors’ supporters are happy with the CoA’s decision

For entrepreneurs, this means that even if your client pays you for services (and personally asks you to provide your service) and tightly controls what you do, it does not do not necessarily mean that you are in fact or in law an employee.

An analysis of all other factors in the employment relationship must also be taken into account, before a determination can be accurate. This would normally include:

  • Whether you receive a regular salary (or receive a fixed sum for a particular job),
  • Payment processing (for example if you are on PAYE or submitting invoices for your work),
  • The commitment model, including the regularity of work,
  • What form of contract you sign/sign,
  • Whether you have to wear a uniform and whether or not you can work for other companies (among other factors).

A secondary but much more alarming point to take from this case is that the Employment Status Act is totally confusing – if not confusing, and massively subject to disagreement.

Consider, if experienced lawyers and judges cannot properly apply the relevant tests, what hope do businesses and entrepreneurs have when determining what is the appropriate employment relationship? And of course, that’s been the exact requirement for non-small businesses since the revised no-pay rules came into force last year, in April.

Given the growing prevalence of contractors in the workplace, one could reasonably argue that the intervening government put in place a legislative framework capable of determining the existence and nature of employment relationships. Similarly, legal advice, even brief advice, on a contract should also be obtained before entering into it.


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Bathing water season begins in Devon and Cornwall https://morrisseyagency.com/bathing-water-season-begins-in-devon-and-cornwall/ Mon, 16 May 2022 11:24:57 +0000 https://morrisseyagency.com/bathing-water-season-begins-in-devon-and-cornwall/ Coastal areas will be tested regularly to check water quality Water users can view water quality forecasts on the Swimfo website: Find Swimming Water. The bathing water season started yesterday (15 May) with the Environment Agency carrying out regular water quality tests at designated bathing sites across Devon and Cornwall until the end september. High […]]]>
  • Coastal areas will be tested regularly to check water quality
  • Water users can view water quality forecasts on the Swimfo website: Find Swimming Water.

The bathing water season started yesterday (15 May) with the Environment Agency carrying out regular water quality tests at designated bathing sites across Devon and Cornwall until the end september.

High standards of water quality in bathing places are important for everyone to enjoy the beaches of the Southwest. Throughout the bathing season, the Environment Agency will post warnings of any predicted pollution risks on its Swimfo website.

Signs are also posted at these bathing spots to inform bathers of any possible decline in quality due to factors such as rainfall, wind and high tides.

In the fall, Defra will publish its ratings – Adequate, Good, Excellent or Poor – for each designated bathing site.

Bruce Newport, Environment Manager for Devon and Cornwall Region, said:

For the first time ever, 100% of Devon and Cornwall’s designated bathing waters met water quality standards last year, with 98% scoring ‘Excellent’ or ‘Good’.

This is great for Devon and Cornwall as it gives people plenty of choice on where they can safely swim this summer.

Our beaches are 100% compliant, but we are not complacent, there is still much to be done to ensure cleaner, healthier waters for people to enjoy.

Although the sea that washes over our bathing beaches is very clean, we are aware that the streams that cross the beaches may contain harmful bacteria. We do not regularly measure the quality of these waterways and ask everyone to be careful if you choose to swim in these areas. If we are notified of pollution events at our waterway locations, we work with the councils to raise awareness.

Since the 1990s, the Environment Agency has generated £2.5 billion in investment and facilitated partnerships to bring about the changes needed to make our bathing waters a success. The long-term trend in bathing water quality in England remains upwards and the overall quality is high.

In 2021, 99% of bathing waters have reached the Sufficient minimum standard. Of these, almost 95% have achieved the highest standards of Excellent or Good – the highest since new standards were introduced in 2015. But while progress has been made, much remains to be done. to ensure cleaner and healthier waters for people to enjoy. .

Environment Agency President Emma Howard Boyd said:

Before the pandemic, coastal tourism in England generated £13.7bn, supported 10,000 tourism-related jobs, with 15-20% of jobs in coastal areas related to tourism – in some places over 50%. Public confidence in the quality of bathing waters is essential for the tourism industry and for the health and well-being of people. We monitor sites and provide pollution risk forecasts at over 170 sites throughout the bathing water season so people understand the local situation.

Decades of targeted regulation and investment on the coast have dramatically improved bathing waters, but more work needs to be done inland. Water companies, industry and farmers must comply with regulatory requirements or face legal action, and we can all take small steps to help. For example, never throwing away wet wipes or plastic products like diapers so they don’t end up in water.

The designation does not guarantee clean water for swimming. Bringing river bathing waters up to standard will be a challenge and will place greater responsibility on farmers, water companies and communities to eliminate pollution that harms bathers.

EA calls on them to play their part and work hard with anyone who wants to be part of the solution. And individual actions matter: small steps like not pouring fats and oils down the sink or flushing wet wipes and other plastic products down the toilet can help protect water quality.

Knowing more about bathing water quality and the range and location of designated sites can help people get the most out of their visit. EA’s Swimfo: Find a Bathing Water website provides immediate access to information on more than 400 designated bathing waters and notifies bathers when pollution risk warnings have been issued. including coastal areas, inland lakes and the newly designated Wolvercote Mill Stream section at Port Meadow in Oxford.

Notes to Editors

  • During the bathing season (May 15 to September 30), the Environment Agency monitors water quality for sources of pollution known to pose a health risk to bathers, with up to 20 samples taken at each site during bathing seasons. Each sample is tested for bacteria, especially E. coli. and intestinal enterococci.
  • The sampling program is defined before the start of the season and follows a strict protocol to ensure that samples are taken consistently both in terms of location and water depth, and also cover a range of tidal states where sampling is safe.
  • The designation of bathing waters takes into account all facilities which are provided to promote and support bathing (e.g. lifeguards, first aid facilities, public toilets, shops and cafes) as the presence of such facilities demonstrates that the site is an established bathing area and is managed for bathing.


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20,000 OFW bound for Saudi Arabia blocked in the Philippines https://morrisseyagency.com/20000-ofw-bound-for-saudi-arabia-blocked-in-the-philippines/ Sun, 15 May 2022 16:00:00 +0000 https://morrisseyagency.com/20000-ofw-bound-for-saudi-arabia-blocked-in-the-philippines/ MANILA, Philippines – About 20,000 Filipino Overseas Workers (OFW) secured employment in Saudi Arabia are stranded in the Philippines due to an order from the Department of Labor and Employment (DOLE) suspending deployment until Saudi construction giants to settle the unpaid wages of some 11,000 Filipino workers. This was revealed by recruitment consultant and migration […]]]>

MANILA, Philippines – About 20,000 Filipino Overseas Workers (OFW) secured employment in Saudi Arabia are stranded in the Philippines due to an order from the Department of Labor and Employment (DOLE) suspending deployment until Saudi construction giants to settle the unpaid wages of some 11,000 Filipino workers.

This was revealed by recruitment consultant and migration expert Manny Geslani, following claims by the Philippine Overseas Employment Agency (POEA) that OFW deployment would increase in 2022.

Geslani said overseas deployment would fall short of the projected 1.8 million mark this year and could even fall below the 1.4 million posted in 2021 if the DOLE continues to snub the Saudi labor market.

Since Labor Secretary Silvestre Bello III imposed the temporary deployment ban in March last year, 10,000 domestic workers and 10,000 construction and skilled laborers from the Philippines have been barred from taking the plane to get to work in Saudi Arabia.

Bello imposed the deployment ban to demand that the Saudi government pay wages owed by its construction giants at 11,000 OFW since 2015.

Private recruitment agencies serving the Saudi labor market have complained of severe financial losses due to the prolonged ban.

POEA administrator Bernard Olalia boasted of an increase in deployment in 2021, adding that it is increasing due to government-to-government agreements with the Saudi Ministry of Health, Germany, the South Korea and Israel.

In September, Olalia said 30,000 land-based and 40,000 sea-based OFWs depart each month.

However, Geslani said the outlook is not so good in 2022 as there are expected to be 300,000 OFWs deployed to Saudi Arabia every year but none of the jobs can be obtained with the DOLE ban still in place. square.


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