The Weekly Update for March 1, 2019

GOVERNMENT CONTRACTING The Department of Defense (DoD) updated its list of product categories for which the Federal Prison Industries’ (FPI) share of the DoD market is greater than 5%, as required by statute. The product categories and the products within each of the identified product categories must be procured using competitive procedures in accordance with the Defense Federal Acquisition Regulation Supplement (DFARS) 208.602-70. Contracting officers must consider a timely offer from FPI for any of the product categories on the . . . Read More

Legal Advisor Newsletter – First Quarter 2019

Introducing PilieroMazza’s Cybersecurity and Data Privacy Practice Managing Cyber Risks in M&A Transactions Hackers Are No Match for Employee Missteps When Hackers Attack: Disclosure Obligations and Litigation Risks When You Suffer a Data Breach Data Breaches and Date Rights: How the Rights of You and Your Customers Are Impacted

The Weekly Update for February 22, 2019

GOVERNMENT CONTRACTING The Government Accountability Office (GAO) sustained a protest filed by Ekagra Partners, LLC challenging the terms of a request for proposal (RFP) issued by the General Services Administration (GSA). In its protest, Ekagra Partners argued the solicitation for the OASIS Small Business on-ramp, which included terms that improperly restricted competition by limiting the ways in which a small business joint venture could form teams to submit a proposal. The GAO found that the solicitation’s limitation on the ability of . . . Read More

The Weekly Update for February 15, 2019

GOVERNMENT CONTRACTING The General Services Administration (GSA) implemented a new process in SAM that allows non-federal entity registrants to submit common federal government-wide Representations and Certifications for financial assistance. The procurement Representations and Certifications have not changed. Non-federal entities creating new SAM registrations and existing non-federal entities completing their annual SAM registration renewals will be required to review and certify their financial assistance Certifications and Representations before their registration can be activated. Registration in SAM is required prior to receipt of . . . Read More

The Weekly Update for February 8, 2019

GOVERNMENT CONTRACTING The Small Business Administration (SBA) announced a series of workshops geared to help Native American small business communities with technical assistance and business development. The SBA will participate in the workshops by providing information and access to products and services that are available. The workshops will focus on increased financial literacy and outreach initiatives to enhance the use of the SBA’s financing programs, counseling, and business development services. The SBA and other federal agencies, such as the U.S. . . . Read More

Comments Submitted in Response to RIN 9000-AN35: Revision of Limitations on Subcontracting

On February 4, 2019, PilieroMazza submitted comments on RIN 3245-AG86, Proposed Rule National Defense Authorization Acts of 2016 and 2017, Recovery Improvements for Small Entities After Disaster Act of 2015, and Other Small Business Government Contracting. Includes our comments on: We Support the FAR Council’s Revisions to FAR 52.219-4, But This Clause Requires Further Modifications to Align with SBA’s Limitations on Subcontracting Rules for HUBZone Joint Ventures The FAR Council Should Propose Revisions to the HUBZone Price Evaluation Preference Clause . . . Read More

Comments Submitted in Response to RIN 3245-AG86—Proposed Rule on Small Business Government Contracting

On February 4, 2019, PilieroMazza submitted comments on RIN 3245-AG86, Proposed Rule National Defense Authorization Acts of 2016 and 2017, Recovery Improvements for Small Entities After Disaster Act of 2015, and Other Small Business Government Contracting. Includes our comments on: SBA’s Proposed Changes About Subcontracting Plans Provide Necessary Clarification SBA’s Contracting Preferences for Small Businesses in Disaster Areas Are Welcome SBA’s Clarification Regarding the Nonmanufacturer Rule and Information Technology Value Added Resellers Is Beneficial Setting Aside an Order Under a Multiple-Award . . . Read More

The Weekly Update for February 1, 2018

GOVERNMENT CONTRACTING According to a Washington Technology article, just because government agencies reopened after five weeks of a shutdown does not mean things return to business as usual. In fact, the article continues, service providers and other market observers advise that patience and empathy will both be virtues in this situation. Generally speaking, the 800,000 furloughed federal civilian employees were not allowed to check email or telephone messages during the shutdown, which includes many employees responsible for processing invoices to . . . Read More

Comments Submitted in Response to RIN 2900-AQ24—VA Acquisition Regulation

On January 24, 2019, PilieroMazza submitted comments to the U.S. Department of Veterans Affairs in response to the proposed rule issued on November 29, 2018, RIN 2900-AQ24—VA Acquisition Regulation: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace; Protection of Privacy and Freedom of Information; Other Socioeconomic Programs; and Contract Modifications.  Includes our comments on: VAAR Part 826 Will Be Beneficial, But It Needs Further Clarification The VAAR Must Fully Implement the Vets Act Priority for . . . Read More

The Weekly Update for January 25, 2019

GOVERNMENT CONTRACTING As reported in a Nextgov article , the Department of Homeland Security’s (DHS) Chief Procurement Officer Soraya Correa issued a special notice extending the due dates for all unamended acquisition deadlines after December 22. The special notice also states that DHS, and most of its component parts, will not move forward with pending acquisitions until the shut down ends. The notice gives vendors up to seven days after the partial government shutdown is resolved to submit bid proposals if the deadline . . . Read More