Big Changes in the HUBZone Program Coming in 2019

Published by Set-Aside Alert: The Small Business Administration published its long-awaited proposed rule overhauling the Historically Underutilized Business Zone (HUBZone) Program on Oct. 31. Comments to the proposed rule are due Dec. 31, making it likely a final rule will be published in 2019. This rulemaking represents the first comprehensive revision of the HUBZone program, explicitly intended to make program compliance easier for small businesses and make the program more attractive for procuring agencies to use.

The Weekly Update for November 16, 2018

DEFENSE DEPARTMENT Performance-Based Payments and Progress Payments (DFARS Case 2017-D019) The Department of Defense (DOD) is withdrawing the proposed rule on performance-based payments and progress payments that it published on August 24, 2018. 83 Fed. Reg. 193, 50052 . Commercial Items Omnibus Clause for Acquisitions Using the Standard Procurement System The DOD issued a class deviation , which rescinds and supersedes Class Deviation 2013-00019. Effective immediately, when using the Standard Procurement System (SPS) to contract for commercial items, all DOD contracting activities may deviate from the requirements . . . Read More

Comments Submitted in Response to RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting

On September 7, 2018, the U.S. Department of Veterans Affairs’ (“VA”) issued proposed rule , RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting. PilieroMazza submitted comments to the proposed rule on November 6, 2018. Our firm represents small businesses operating across the government contracting spectrum, and many of these companies are service-disabled veteran-owned small businesses (“SDVOSBs”) verified to participate in VA’s “Veterans First Contracting Program.” In representing these firms and working with VA, we have received numerous comments from . . . Read More

Legal Advisor Newsletter – Fourth Quarter 2018

Special Corporate Issue You’ve Decided to Sell Your Business—How to Be Prepared to Execute the Deal Growing Pains: Growth Capital Sources and Considerations Seller Beware: 5 Tips to Keep Bad Employment Practices from Holding Up a Sale Not So Fast: Practical Considerations Before Novating Your GSA Schedule Contract

The Weekly Update for October 22, 2018

DEFENSE DEPARTMENT Class Deviation-Commercial Items Omnibus Clause for Acquisitions Using the Standard Procurement System According to an article on acq.osd.mil , this class deviation rescinds and supersedes Class Deviation 2013-00019. Effective immediately, when using the Standard Procurement System (SPS) to contract for commercial items, all Department of Defense (DOD) contracting activities may deviate from the requirements at Federal Acquisition Regulation (FAR) 12.301 (b)( 4) and the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- . . . Read More

The Weekly Update for October 1, 2018

  DEFENSE DEPARTMENT Federal Acquisition Regulation: Evaluation Factors for Multiple-Award Contracts The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) are proposing to amend the Federal Acquisition Regulation to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. Section 825 of the NDAA for FY 2017 amends 10 U.S.C. 2305(a)(3) to modify the requirement to consider cost or price as an evaluation factor for the award for . . . Read More

The Weekly Update for September 21, 2018

SMALL BUSINESS ADMINISTRATION House Small Business Committee Calls for a Status Update on FAR Revision of Limitations on Subcontracting. Last week, House Small Business Committee Chairman Steve Chabot and Ranking Member Nydia Velázquez sent a letter to the acting administrator of the Office of Federal Procurement Policy requesting a status update of Federal Acquisition Regulation Case Number 2016-011, titled “Revision of Limitations on Subcontracting. Section 1651 of Public Law 112-239, the National Defense Authorization Act for Fiscal Year 2013 (2013 . . . Read More