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

Take Me Out to the Ballgame!

  Nationals Park in Washington, DC is home of the Washington Nationals and the venue for many great concerts and events. But did you know that government contractors across the country may be sharing in the costs for the park? Well it is true and it should be on the radar screen of any contractor generating receipts within the District. The revenues received by the District from the ballpark fee are deposited into the Ballpark Revenue Fund and used for . . . Read More

Right-Sized: How a Contractor and its Outside Counsel Adjusted a GSA Schedule BPA RFQ to the Appropriate Size Standard

Last summer, we helped a contractor with a case that had all of the plot twists of a Hollywood blockbuster.  The case involved an RFQ for a blanket purchase agreement (“BPA”) under a GSA Schedule Contract.  There were multiple Special Item Numbers (“SINs”) on the schedule, with different NAICS codes and size standards.  The procuring agency issued the RFQ as a total set-aside for small businesses, but the terms of the RFQ were unclear as to how size would be . . . Read More

Threat Assessment: Are You Ready for the Cybersecurity Boom?

The government buys a significant amount of information technology (IT) services from the private sector, and this will probably always be true. However, in recent years the government’s overall IT spending has stagnated. IT is still the place to be for many contractors, but understanding the direction of federal IT spending is critical to ensuring you are positioned where the government (and technology) is headed, rather than where it has already been. In fiscal year 2014, IT spending is expected . . . Read More