Office of Management and Budget ( OMB ) Circular A-xxx
Includes our comments on : Aspects of the Circular Require Clarification We recognize that OFPP sees a value in Category Management and intends to institutionalize Category Management principles across the Government. However, clarification of the Government’s approach, as set forth in the proposed Circular, is needed. Consideration of Small Businesses Should Be Required More consideration of small businesses is needed. BIC Sourcing Solutions Must Be Readily Attainable The Circular does not address how competitions for BIC preferred and BIC mandatory . . . 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
Proposed Circular Could Change the Way the Government Procures Common Goods and Services
By Michelle Litteken On October 7, 2016, the Office of Management and Budget (“OMB”) issued Proposed OMB Circular No. A-XXX, Implementing Category Management for Common Goods and Services . If implemented, the proposed Circular could dramatically change the way the fovernment purchases common goods and services. The Circular defines “common goods and services” as “those items and services that all or most federal agencies procure and are not unique to the mission of an individual agency.” Common goods and services are interchangeable and are usually commercially available. In FY 2015, the government spent . . . Read More
Far Reaching Impact of DOL’s Increase to FLSA Salary Thresholds
Beginning on December 1, 2016, employees who are salaried and classified as exempt administrative, professional or executive employees must make at least $922 dollars per week or $47,476 per year to remain exempt from the overtime requirements of the Fair Labor Standards Act, in addition to meeting the duties requirements of the exemption. This regulatory change more than doubles the current salary threshold of $455 per week and is likely to significantly increase the cost of doing business. While many . . . Read More
The Weekly Update for October 28, 2016
OTHER GOVERNMENT CONTRACTING NEWS “Texas court places temporary halt on Fair Pay rule.” Federal News Radio. October 26, 2016. The Eastern District Court of Texas placed a preliminary injunction on Fair Pay and Safe Workplaces rule that was supposed to take effect October 25. The court adopted most of the arguments set forth by the Associated Builder and Contractors in the initial lawsuit filed on October 7, including that the rule violated federal contractors’ First Amendment and due process rights . . . Read More
PilieroMazza Legal Advisor – Fourth Quarter
In this Issue: Fair Pay Safe Workplaces Halted but Not Dead Recent Clarifications to SBA’s Definition of Receipts Small Business Contracting Opportunities Abound Outside the Federal Marketplace The Corporate Designee in Commercial Litigation
PilieroMazza Legal Advisor – Fourth Quarter 2016
In this Issue: Fair Pay Safe Workplaces Halted but Not Dead Recent Clarifications to SBA’s Definition of Receipts Small Business Contracting Opportunities Abound Outside the Federal Marketplace The Corporate Designee in Commercial Litigation
How Should a Government Contractor Prepare the Company for Sale?
By Dana Livne Whether you have decided to sell your company or have just begun considering the possibility, you will want to make the most out of your market potential. The preparation you undertake before the sale will help you maximize this unique opportunity, and to a large extent, determine your financial and professional future. To put your business in the strongest position for sale, it is crucial that you prepare a strong business exit strategy. This plan should include . . . Read More
Fair Pay Safe Workplaces Halted But Not Dead
On October 24, on the eve of its implementation, the U.S. District Court for the Eastern District of Texas issued a nationwide order halting the implementation of the bulk of Executive Order 13673, Fair Pay Safe Workplaces, which imposes new reporting requirements on government contractors regarding labor law violations and prohibits them from entering into pre-dispute arbitration agreements for matters arising under Title VII of the Civil Rights Act and for torts based on sexual assault or harassment. Under the . . . Read More
The Weekly Update for October 21, 2016
SMALL BUSINESS ADMINISTRATION Small Business Mentor-Protégé Programs – Corrections The SBA has issued technical corrections to its final rule published in the Federal Register on July 25, 2016 (81 FR 48557), amending its regulations to establish a new government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in SBA’s 8(a) Business Development Program. The rule, which went into effect August 24, 2016, also made several additional changes to current size, 8(a), Office of Hearings . . . Read More