What Every Contractor Should Know About Requests for Equitable Adjustment

By Michelle Litteken Government contractors quickly learn to expect the unexpected. While working on a construction contract, a contractor may encounter undisclosed utility lines 15 feet underground. Or, an information technology support contractor may be asked to comply with heightened security requirements without being given a contract modification. These changes increase the cost of performance and can put a small business in a precarious position. In situations like this, many contractors file a request for equitable adjustment (“REA”), seeking additional . . . Read More

CVE Extends Verification Eligibility Period: What This Means for VOSBs

Last week, the Department of Veterans Affairs (“VA”) final rule extending the eligibility period for participation in the VA VetBiz Vendor Information Pages (“VIP”) Program took effect. The final rule extends the verification eligibility period from two to three years. For those service-disabled-veteran-owned small businesses and veteran-owned small businesses (“VOSBs”) wondering what they need to do to take advantage of an additional 12 months of eligibility, the answer is nothing.  All VOSBs listed in the VIP database as of March . . . Read More

Congress Overturns Fair Pay Safe Workplaces: GOP Deregulation Continues

Government contractors concerned over the potential impact of President Obama’s 2014 Executive Order 13673 “Fair Pay and Safe Workplaces” (EO) can breathe a sigh of relief. On March 6, 2017, the US Senate narrowly approved House Joint Resolution 37 (H.J. Res. 37), which overturns the EO in its entirety. All that remains now is for President Trump to sign the resolution into law, and with the stroke of a pen, years of debate and vitriol over the costs and constitutionality . . . Read More

The Weekly Update for November 4, 2016

DEPARTMENT OF DEFENSE Withholding of Unclassified Technical Data and Technology from Public Disclosure The Department of Defense (“DOD”) Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics has proposed a rule that establishes policy, assigns responsibilities, and prescribes procedures for the dissemination and withholding of certain unclassified technical data and technology subject to the International Traffic in Arms Regulations and Export Administration Regulations.  It applies to DOD components, their contractors and grantees, and is meant to control . . . Read More

PilieroMazza Recently Submitted Testimony to the House Small Business Committee Regarding the HUBZone Program

Our law firm represents numerous small businesses operating across the government contracting spectrum, including many businesses that participate in the HUBZone program. We are strong proponents of the HUBZone program and its important and unique place among the federal government’s small business set-aside programs. In representing many HUBZone firms, we have seen first-hand how HUBZone firms benefit from participation in the HUBZone program and, in turn, provide positive impact and many benefits to the people living in underserved communities. However, we have also seen first-hand the . . . Read More

The Weekly Update for August 5, 2016

SMALL BUSINESS ADMINISTRATION HUBZone and the National Defense Authorization Act for Fiscal Year 2016 Amendments GOVERNMENT CONTRACTS Detection and Avoidance of Counterfeit Electronic Parts Amendments Related to Sources of Electronic Parts This week’s report follows,  click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Small Business Mentor-Protégé Programs The SBA is amending its regulations to the HUBZone Program.  The amendments: (1) authorize Native Hawaiian Organizations (“NHO”) to own HUBZone small business concerns; (2)  expand the HUBZone Program to assist small businesses in disaster areas and base closure areas; and (3) . . . Read More

Missing a Wage Determination in a SCA-Covered RFP? Ask for It.

By Megan Connor I recently participated in a  webinar  regarding Service Contract Act (“SCA”) compliance and during the webinar, a number of participants noted instances where a request for proposal (“RFP”) or solicitation did not include the relevant wage determination (“WD”), even though the agency otherwise incorporated the SCA clauses into the RFP. If you face a similar circumstance, you should be aware of your rights. First, the applicable regulations make clear that contracting officers—not contractors—are required to determine if the . . . Read More

The Weekly Update for January 8, 2016

GOVERNMENT CONTRACTS 2016 Adverse Effect Wage Rates Removal of Requirement to File Direct-Pay Fee Agreements With the Office of the General Counsel Network Penetration Reporting and Contracting for Cloud Services Federal Acquisition Regulation; Sole Source Contracts for Women-Owned Small Businesses Trade Agreements Thresholds Federal Acquisition Regulation; Definition of ‘‘Multiple-Award Contract’’ Defense Contractors Performing Private Security Functions Multiyear Contract Requirements SMALL BUSINESS ADMINISTRATION Community Advantage Pilot Program Interest Rates This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS 2016 Adverse Effect Wage Rates Effective December 22, 2015, the . . . Read More

Court of Federal Claims Affirms Due Process Rights for Service-Disabled Veteran-Owned Small Businesses

By Brian Wilbourn The United States Court of Federal Claims recently issued an important decision affirming the due process rights of Service-Disabled, Veteran-Owned Small Businesses (“SDVOSBs”). The case, AmBuild Company, LLC v. United States (Fed. Cl., Oct. 2014), involved an SDVOSB that had been decertified without first giving the company notice and an opportunity to respond to the specific compliance issue on which the decertification was based. AmBuild Company, LLC (“AmBuild”) was the awardee under a SDVOSB set-aside solicitation issued . . . Read More

Victory in House of Representatives for Improvements to WOSB Federal Contract Program

By Barbara Kasoff, President of WIPP Dear WIPP Members & Friends: It is with great pleasure I write today, celebrating an enormous victory for women business owners. As many of you already know, earlier today the House of Representatives passed their annual defense bill, which included two changes that strengthen the Women-Owned Small Business (WOSB) procurement program. First, the bill allows sole-source contracts to be awarded through the program. Currently, contracting officers are unable to award sole-source contracts through the . . . Read More