The Weekly Update for July 1, 2016

SMALL BUSINESS ADMINISTRATION Affiliation for Business Loan Programs and Surety Bond Guarantee Program GOVERNMENT CONTRACTS Acquisition Threshold for Special Emergency Procurement Authority Amendment to the Defense Federal Acquisition Regulation Supplement Pilot Program on Acquisition of Military Purpose Non-developmental Items Defense Contractors Performing Private Security Functions Treatment of Interagency and State and Local Purchases Contract Financing Administrative Cost to Issue and Administer a Contract BUREAU OF INDIAN AFFAIRS Civil Penalties Inflation Adjustments SMALL BUSINESS ADMINISTRATION Affiliation for Business Loan Programs and Surety Bond Guarantee Program This final rule amends the . . . Read More

Revitalizing the HUBZone Program

In a recent article , published by Bloomberg BNA in their Federal Contracts Report, Jon Williams and Katie Flood talk about Revitalizing the HUBZone Program and calls on Congress and SBA to take the steps outlined in the article to revitalize the HUBZone program so it can realize its full potential. The HUBZone Program was created in 1997 to spur economic development in historically underutilized regions of the country.  The aim is as worthwhile now as it was then, and there remains . . . Read More

Category Management 101: What Every Contractor Needs to Know

By Michelle Litteken You may have heard the term “category management” over the last two years. It has been discussed within agencies, in Congress, in the press, and at industry events. But do you know what it means? Because category management may have a significant impact on the way the government buys goods and services, it is a concept every contractor should know about. Category management is a strategic approach to procurement. Specifically, the purchaser focuses on specific areas of . . . Read More

The Weekly Update for June 24, 2016

SENATE TESTIMONY Jon Williams Testifies in Kingdomware Senate Committee Hearing GOVERNMENT CONTRACTS Small Business Transforming America’s Regions Act of 2016 Federal Acquisition Regulation: Strategic Sourcing Documentation Federal Civil Penalties Adjustment Act Amendments Transactional Data Reporting This week’s report follows,  click here if you would like to download a copy . SENATE TESTIMONY Jon Williams Testifies in Kingdomware Senate Committee Hearing On June 23, Jon Williams, Partner in the PilieroMazza Government Contracts Group, testified before the U.S. Senate Committee on Small Business & Entrepreneurship. The committee held a hearing on the ramifications of the Supreme . . . Read More

Jon Williams Testifies in Kingdomware Senate Committee Hearing

On June 23, Jon Williams, Partner in the PilieroMazza Government Contracts Group, testified before the U.S. Senate Committee on Small Business & Entrepreneurship. The committee held a hearing on the ramifications of the Supreme Court’s recent decision in Kingdomware Technologies, Inc. v. United States. Mr. Williams, and others, testified about the significance of the Kingdomware ruling for veteran-owned small businesses. The Supreme Court found that the “Vets First” mandate applies to all Department of Veterans Affairs contracts, including Federal Supply Schedule (“FSS”) task orders. . . . Read More

Can a MAC Awardee Protest Another Contractor on the Same IDIQ?

By Alex Levine While traditionally a bid protest involves a losing offeror challenging the award of a contract to another offeror, occasionally winning offerors on a multiple award contract (MAC) have sought to challenge the government’s issuance of another award to an offeror on the same MAC. These types of protests have historically been rejected by both the Court of Federal Claims (COFC) and the U.S. Government Accountability Office (GAO), which have held that the winning offeror does not have . . . Read More

Contracting Globally – Part 2: International Traffic in Arms Regulations

By Kimi Murakami There are two major regimes that govern exports from the United States. One is the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce’s Bureau of Industry and Security and, second, the International Traffic in Arms Regulations (“ITAR”) enforced by the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”). A recent blog article discussed EAR compliance and this blog will address the requirements of ITAR. Similar to issues relating to EAR discussed in . . . Read More

The Weekly Update for June 17, 2016

DEPARTMENT OF LABOR DOL Issues Final Rule on Discrimination on the Basis of Sex This week’s report follows,  click here if you would like to download a copy . DEPARTMENT OF LABOR DOL Issues Final Rule on Discrimination on the Basis of Sex The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has published this final rule to detail obligations that covered federal government contractors, subcontractors, federally-assisted construction contractors, and subcontractors must meet under Executive Order 11246, as amended, to ensure nondiscrimination in employment on the basis of sex, and to . . . Read More

GAO Clarifies Rules Regarding the Use of Key Personnel Past Performance

In March 2015, GAO issued a decision in Recogniti, LLP, B-410658 (January 21, 2015), whereby it upheld the agency’s reliance upon individual past performance references for the owner of a small and relatively new company. GAO noted that the FAR allows agencies to credit a company for the past performance of an owner if that owner is proposed as a key employee for the work to be performed. As a  follow-up to a blog article we wrote on this topic  last year, we felt it necessary to point out another . . . Read More