The Weekly Update for June 8, 2018
SMALL BUSINESS ADMINISTRATION Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor-Protégé Programs The U.S. Small Business Administration (SBA) announces that it is holding tribal consultation meetings in Albuquerque, New Mexico and Oklahoma City, Oklahoma, concerning the regulations governing the 8(a) Business Development and all Small Mentor-Protégé programs and the HUBZone program. SBA seeks to reduce unnecessary or excessive regulatory burdens in those programs and to make them more attractive to procuring agencies and small businesses. Testimony . . . Read More
Section 809 Panel’s Recommendations on Bid Protests May Cause Major Headaches for Contractors
The Weekly Update for May 25, 2018
GOVERNMENT CONTRACTING Contractors Oppose Proposed Limit on Federal Bid Protests According to an article in govexec.com , the Senate Armed Services Committee on May 22, 2018 began its markup of the fiscal 2019 National Defense Authorization Act, and a contractors group was pushing committee leaders to reject a Pentagon proposal to curb time-consuming bid protests. Seeking to eliminate what some senators call “frivolous” protests and what acquisition officials call “forum shopping,” the Defense Department this spring pressed for limiting the ability . . . Read More
OFCCP Announces Commitment to Training and Transparency: Can They Deliver?
Published by Set-Aside Alert Newsletter: The Office of Federal Contract Compliance Programs (“OFCCP”) is a federal agency charged with ensuring that approximately 200,000 federal contractors refrain from discrimination and take affirmative action to provide equal employment opportunities for certain protected classes of workers. In recent years OFCCP has developed a reputation as being difficult to work with to resolve concerns and differences arising out of compliance audits. Additionally, compliance requirements under the jurisdiction of the OFCCP are generally not well . . . Read More
The Weekly Update for May 11, 2018
SMALL BUSINESS ADMINISTRATION Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards Columbia-based MassTech, Inc., its former Chief Executive Officer, Arnold Lee, and its former Chief Financial Officer, Richard Lee, have agreed to pay the United States $1.9 million to resolve allegations that MassTech falsely certified that it was a small business concern in order to obtain Small Business Innovation Research (SBIR) awards. The settlement . . . Read More
The Weekly Update for May 4, 2018
DEPARTMENT OF DEFENSE Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that makes contractors and subcontractors subject to approval (as well as review and audit) by appropriate DoD officials when identifying a contractor-approved supplier of electronic parts. 83 Fed. Reg. 87, 19641-2 . Defense Federal Acquisition Regulation Supplement: Statement of . . . Read More
Legal Advisor Newsletter – Second Quarter 2018
Special Issue on Investigations The Mandatory Disclosure Rule: Mitigating Risk When the Requirement for Disclosure Is Not Clear Looking Inward: Internal Investigations of Potential False Claims Act Violations When the Law Comes A Callin’: A “How To” For Responding to Subpoenas and Document Requests Five Tips to Address Employee Complaints and Avoid Liability Cybersecurity Update
Weekly Update Report for April 27, 2018
SMALL BUSINESS ADMINISTRATION Tribal Consultation for Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments The U.S. Small Business Administration (SBA) announced that it is holding a Tribal Consultation meeting in Anchorage, Alaska concerning the regulations governing the 8(a) Business Development program and the HUBZone program. The Tribal Consultation meeting date is Wednesday, may 9, 2018. SBA seeks to reduce unnecessary or excessive regulatory burdens in those programs and to . . . Read More
The Weekly Update for April 23, 2018
GOVERNMENT ACCOUNTABILITY OFFICE CIVILIAN AND CONTRACTOR WORKFORCES: Department Of Defense’s Cost Comparisons Addressed Most Report Elements but Excluded Some Costs In response to Congressional direction, the Department of Defense (DoD) issued a report in April 2018 comparing the costs of federal civilian and service contractor personnel at select installations. The report addressed three out of four provision elements and partially addressed one, as discussed below. DoD concluded that neither federal civilians, nor service contractors were predominately more or less expensive, with costs . . . Read More
Multiple-Award Contracts – Path to Growth or Punishment for Success?
Published by Set-Aside Alert Newsletter: Size and status representations for task orders issued under Multiple Award Contracts (MAC) and schedules have become a controversial and complex issue. Generally, the Small Business Administration’s (SBA) size rules state that representations made at the time of initial offer are valid throughout the life of a contract. This means that all representations made with respect to a MAC will be valid for each order issued against the contract, unless a contracting officer requests recertification . . . Read More