The Weekly Update for September 30, 2016

GOVERNMENT CONTRACTS Amendments to Department of Defense (“DOD”) Mentor-Protégé Program Temporary Extension of Test Program for Comprehensive Small Business Subcontracting Plans SMALL BUSINESS ADMINISTRATION Small Business Timber Set-Aside Program DEPARTMENT OF VETERANS AFFAIRS Prohibition on Use of Any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects Federal Civil Penalties Adjustment Act Amendments  LABOR AND EMPLOYMENT Extension of Comment Period for Proposed Revision of Annual Information Return/Reports This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which . . . Read More

Employer Potentially Responsible for Employee’s Shooting Rampage

By Corey Argust What Kind of Risk Might Employers Face Because of an Employee’s (Unexpected) Behavior? On September 15, 2016, the U.S. District Court for the District of Columbia allowed claims of negligent supervision and retention to proceed against the government contractors who employed the person responsible for the 2013 mass shooting at the Washington Navy Yard. DeLorenzo v. HP Enterprise Services, LLC, et al., Case 1:15-cv-00216-RMC (D.D.C. Sept. 15, 2016). In denying motions to dismiss the claims of negligent supervision . . . Read More

Category Management: What Contractors Need To Know

By Michelle Litteken Published in Law360 on September 14, 2016. In December 2014, the Office of Management and Budget announced a new initiative called Category Management, a successor to the Federal Strategic Sourcing Initiative (“FSSI”) that was implemented in 2010. This policy could dramatically change the way the federal government purchases goods and services and the competitive landscape that government contractors face. Category Management has three primary goals: increasing savings, reducing the number of new contracts, and increasing the amount . . . 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 September 23, 2016

GOVERNMENT CONTRACTS Notice of Minimum Wage Rate Change for Contractors SMALL BUSINESS ADMINISTRATION SBIC – Early Stage Initiative This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS Notice of Minimum Wage Rate Change for Contractors The Wage and Hour Division of the U.S. Department of Labor issued a notice announcing that beginning January 1, 2017, the Executive Order minimum wage rate that generally must be paid to workers performing work on, or in connection with, covered contracts will increase from $10.15 per hour to $10.20 per hour, . . . Read More

What You Need to Know About Fair Pay and Safe Workplaces Executive Order Implementation

The Federal Acquisition Regulation and related Department of Labor Guidance required to implement Executive Order 13673, Fair Pay and Safe Workplaces, were published on August 25, 2016 (Final Rule and Guidance). With over 200 pages of implementing regulations, many contractors are finding it difficult to determine what they need to know now to be prepared for its implementation. After all, contractors will be required to report violations of over 14 labor laws during the proposal process and on SAM, track . . . Read More

Recent Changes to the 8(a) Program Application Process

“They’re asking for what?” This is a not-so-uncommon response from small businesses applying to SBA’s 8(a) Business Development Program (“8(a) Program”), which is notorious for the amount of information – and paper – that applicants are required to provide SBA to demonstrate eligibility. However, a recent SBA final rulemaking implemented changes to the 8(a) Program application process to eliminate certain requirements which, according to SBA, impose an unnecessary burden on program applicants. For example, SBA has done away with the . . . Read More

The Weekly Update for September 16, 2016

GOVERNMENT CONTRACTS GSAR Construction Contract Administration GSAR Federal Supply Schedule, Order-Level Materials Civil Monetary Penalty Inflation Adjustment Audit of Settlement Proposals   This week’s report follows,  click here if you would like to download a copy . GSAR Construction Contract Administration The GSA has issued a proposed rule to revise GSAR part 536, Construction and Architect-Engineer Contracts, and related parts, to maintain consistency with the FAR and to clarify, update, and incorporate existing construction contract administration guidance previously implemented through internal Public Building Service policies.  The five categories of the . . . Read More

Three Big Reasons Government Contractors Should Complete Seller-Side Due Diligence

By Michael de Gennaro and Dana Livne If approached properly, selling your business will rank among the most significant and rewarding moves of your career, representing the culmination of years of patience, hard work and vision. Whether you are planning a sale or just considering it a possibility down the road, there are good reasons as a seller to be proactive about due diligence.  Due diligence involves a thorough analysis of your business that will identify not only its assets . . . Read More