Client Alerts

  • August 7, 2015

    After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391, dated July 16, 2013, many of our clients have asked us how the SBA’s new rules should be interpreted in light of the existing FAR small business subcontracting requirements. We believe that the FAR Councils are taking the right steps to harmonize the SBA’s requirements with the obligations the FAR imposes. However, we believe that there are several aspects of the proposed rule that could be amended to provide greater clarity and less burdensome outcomes for contractors administering subcontracting plans, particularly contractors that maintain commercial plans.

  • July 2, 2015

    On May 28, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed rule to implement Executive Order 13673 “Fair Pay and Safe Workplaces” (EO), dated July 31, 2014. Together with the proposed Federal Acquisition Regulation (FAR), the Department of Labor (DOL) published proposed guidance (collectively, “Proposed Rules”), defining many terms set forth in the EO and beginning to establish a framework of expectations. PilieroMazza addressed the requirements of the EO and identified prospective concerns in its Legal Advisor article "The Impact of the Fair Pay and Safe Workplaces Executive Order on Contract Procurement." While some of questions about the EO and its implementation have been answered in the Proposed FAR and DOL regulations, many of the concerns still remain. The deadline to submit comments has been extended to August 11, 2015.

  • June 26, 2015

    We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule, issued May 1, 2015, 80 Fed. Reg. 24,846. Our firm represents small businesses, including women-owned and economically-disadvantaged women-owned small businesses (“WOSBs/EDWOSBs”), operating across the government contracting spectrum. Many of the WOSBs/EDWOSBs we represent and have talked to have been eagerly anticipating this rulemaking. The proposed rule places the SBA’s WOSB Program on equal footing with other SBA government contracting programs in providing for award of sole source contracts to WOSBs/EDWOSBs.

  • February 6, 2015

    On February 5, 2015, the U.S. Small Business Administration (SBA) has issued a proposed rule to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, 80 Fed. Reg. 6618.   Based on authorities provided in these two statutes, the proposed rule would establish a Government-wide mentor-protégé program for all small business concerns, amend current joint venture provisions and make additional changes to current size, 8(a) Office of Hearings and Appeals or HUBZone regulations, among other proposed changes.  This memorandum provides our analysis of the proposed rules.

  • January 7, 2015

     On December 29, 2014, the Small Business Administration (SBA) published its proposed rule to implement provisions of the National Defense Authorization Act of 2013 (NDAA) that change the way firms calculate compliance with the limitation on subcontracting rule on small business set-asides.  SBA’s proposed rule also proposes changes dealing with the nonmanufacturing rule, including affiliation and joint ventures, among other topics.  This memorandum provides our analysis of the new rules.

  • October 7, 2013

    On October 2, 2013, SBA issued its long-anticipated final rule addressing the use of set-asides on multiple award contracts and clarifying the regulations on bundling and contract consolidation. The final rule implements sections of the Small Business Jobs Act of 2010. SBA had issued a proposed rule on these issues in May 2012, and solicited comments.  Likewise, DOD, GSA, and NASA published an interim rule in November 2011 providing agencies with initial guidance regarding the use of set-asides on multiple award contracts. With certain exceptions, the final rule adopts most of the changes contained in the May 2012 proposed rule. Because the issues addressed in the final rule impact multiple SBA programs, SBA is promulgating many additions and amendments to several sections of its rules. This Client Alert highlights many of the key provisions in the final rule.

  • October 4, 2013

    With the federal government shut down heading into its second week, many employers, especially contractors, have been faced with difficult decisions regarding laying off and furloughing employees.  If your company has faced or is facing theses decisions, keep in mind the following labor and employment issues that could expose the company to liability.

  • September 25, 2013

    Two new rules affecting the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), governing protected veterans, and Section 503 of the Rehabilitation Act (“Section 503”), governing persons with disabilities were published in the Federal Register on September 24, 2013. The rules become effective on March 24, 2014 and federal contractors and subcontractors must largely come into compliance with the rules by that date.   Contractors with affirmative action programs in place on March 24, 2014 may maintain them until the end of the current plan year, delaying compliance with only the affirmative action requirements of the new rules until the start of the next plan year.  

  • August 30, 2013

    On August 27, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced new rules outlining how federal contractors should handle their affirmative action and nondiscrimination obligations for protected veterans and for individuals with disabilities under the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), governing protected veterans, and Section 503 of the Rehabilitation Act (“Section 503”), governing persons with disabilities.  The new rules attempt to measure federal contractors’ progress toward achieving equal opportunity for people with disabilities and protected veterans and fundamentally alter the rules for compliance.  

  • July 2, 2013

    Last Friday, the U.S. Small Business Administration (“SBA”) issued the long-awaited final rule implementing provisions of the Small Business Jobs Act of 2010 (“Jobs Act”) pertaining to small business size and status integrity.  The new rule, while softened from the proposed rule, implements a strict standard with wide-ranging consequences for contractors representing their size or status under the System for Award Management (“SAM”) database or submitting a proposal under a solicitation reserved or intended for small businesses or businesses participating in SBA programs. The new rule becomes effective on August 27, 2013.

  • May 13, 2013

    On May 13, 2013, the U.S. Department of Veterans Affairs (“VA”), Office of Small and Disadvantaged Business Utilization, issued an Advanced Notice of Proposed Rulemaking, seeking comments on how to improve the regulations governing the VA’s Verification Program for SDVOSBs and VOSBs.  See 78 Fed. Reg. 27882 (May 13, 2013).  The VA is planning to amend its regulations to provide greater clarity, to streamline the verification program, and to encourage more veteran-owned firms to participate in the program.  As an initial step in this process, the VA is seeking comments by July 12, 2013, on how to best change its rules.

  • May 9, 2013

    On May 7, 2013, the U.S. Small Business Administration (“SBA”) issued an amendment to its women-owned small business (“WOSB”) federal contract program regulations which lifted the limitation on the dollar amount of a contract that can be set aside for WOSBs. See 78 Fed. Reg. 26504 (May 7, 2013). This amendment takes immediate effect.

  • February 15, 2013

    In our February 6, 2013 Client Alert regarding new developments for service-disabled veteran-owned small businesses (“SDVOSBs”), we discussed the U.S. Court of Federal Claims’ (“COFC”) decision in KWV, Inc. v. United States and the U.S. Government Accountability Office’s recent report on the Department of Veterans Affairs’ verification process for SDVOSBs.  Yesterday, the COFC issued another ruling that impacts the issues discussed in our February 6th Client Alert and that ruling will have important ramifications for veteran ownership in SDVOSBs.  This decision involved a firm that had been verified as an SDVOSB by the VA’s Center for Veterans Enterprise only to have that decision contradicted a few months later by the VA’s Office of Small and Disadvantaged Business Utilization in response to a post-award protest. 

  • February 6, 2013

    This Client Alert details two recent developments for the U.S. Department of Veterans Affairs’ Veterans First Program.  Last month, the Government Accountability Office released a report detailing its examination of the VA’s verification process for VOSBs and SDVOSBs.  A few weeks later, the U.S. Court of Federal Claims issued its decision in KWV, Inc. v. United States, a case that dealt with a conflict between the VA’s verification process and a post-award VOSB protest determination, as well as a veteran’s ability to control his firm from a remote location. 

  • January 24, 2013

    On January 3, 2012, the U.S. Congress passed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”). While the NDAA covers many issues relevant to the government contracting community at large, it also includes new, noteworthy amendments to the Small Business Act. The 2013 NDAA provides some significant changes to small business government contracting. Most importantly, the rule governing limitations on subcontracting has been revised. The new rule implements two substantive changes. First, for services contracts, the new limitation is now based on the total amount paid to the small business, not the cost of the contract incurred for personnel. The revised rule has serious implications for small business prime contractors, as they will no longer be able to exclude the cost of materials, supplies, and other non-labor costs from their subcontracting limit calculations. Second, small business prime contractors may now meet their performance requirements by subcontracting to other “similarly situated” small businesses, i.e., those either small under the same standard or participating in the same small business program.

  • November 29, 2012
  • October 3, 2012
  • August 22, 2012
  • May 25, 2012
  • May 18, 2012
  • February 10, 2012
  • October 17, 2011
  • July 21, 2011
  • July 20, 2011
  • July 13, 2011
  • April 1, 2011
  • March 16, 2011
  • March 16, 2011
  • February 15, 2011
  • February 2, 2011