The House Small Business Committee Releases a Spate of Small Business Legislation
On the heels of a GAO report calling for more leadership attention to be paid to SBA’s “management challenges,” a number of bills have been referred to the House Small Business Committee since the new year started, calling for more SBA reform and oversight. The following is a summary of the more significant bills introduced, signaling what the House has in store for the small business government contracting community in 2016: H.R. 4340, “Small Business Contracting and Acquisition Programs Efficiency . . . Read More
Employer Beware: Be Prepared for New Labor Regulations Coming in 2016
By Corey Argust This article is the first installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. The Fair Labor Standards Act (“FLSA”) is quite possibly the labor law that employers grapple with more than any other. The regulations can be murky at best when actually applied and the price tag for running afoul of the regulations is staggering. Aside from the ever-vigilant and . . . Read More
Exercise Caution When Submitting Proposals Through FedConnect
By Julia Di Vito Several government agencies, including the Department of Energy (“DOE”), utilize a web portal called FedConnect to receive bid proposals. While these agencies surely intended that using FedConnect would make the procurement process easier, the FedConnect systems appears to have caused several issues for contractors. Since 2012, the GAO has heard at least three bid protests regarding DOE procurements that involved with issues submitting proposals through FedConnect. The GAO decisions in these cases are particularly instructive for . . . Read More
The Weekly Update for January 8, 2016
GOVERNMENT CONTRACTS 2016 Adverse Effect Wage Rates Removal of Requirement to File Direct-Pay Fee Agreements With the Office of the General Counsel Network Penetration Reporting and Contracting for Cloud Services Federal Acquisition Regulation; Sole Source Contracts for Women-Owned Small Businesses Trade Agreements Thresholds Federal Acquisition Regulation; Definition of ‘‘Multiple-Award Contract’’ Defense Contractors Performing Private Security Functions Multiyear Contract Requirements SMALL BUSINESS ADMINISTRATION Community Advantage Pilot Program Interest Rates This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS 2016 Adverse Effect Wage Rates Effective December 22, 2015, the . . . Read More
Comments on U.S. Department of Veterans Affairs’ Proposed Rule to Amend the VA’s VOSB Verification Program
Includes comments on: Section 74.1, Definitions Section 74.2, Eligibility Requirements for VetBiz Vendor Information Pages (“VIP”) Verification Program Section 74.3, Unconditional Ownership Section 74.4, Control Section 74.5, Affiliation Section 74.14, Reapplication for Program Admission
DoD, GSA, and NASA Issue Interim Rule on WOSB Sole Source Authority
By Megan Connor Effective December 31, 2015, DoD, GSA, and NASA have issued an interim rule amending the FAR to implement regulatory changes made by the SBA that provide for EDWOSB/WOSB sole source authority. Implementation of these sole source procedures in the FAR ensures that contracting officers now have the tools necessary to maximize federal procurement opportunities for WOSB concerns through sole source contract awards. In general, an award under the WOSB program may be pursued on a sole source . . . Read More
Mastering Price Adjustments for Increases in the Contractor Minimum Wage
The Department of Labor (DOL) recently announced that the applicable minimum wage rate to be paid to workers performing work on or in connection with Federal contracts covered by Executive Order 13658 (the “Order”) will increase from $10.10 to $10.15 per hour beginning January 1, 2016. The intent of the Order was not that contractors would have to bear the increase but that they would be eligible for an adjustment to their contract price based on the resulting increase in . . . Read More
SBA Seeks Comment on WOSB Certification Process
By Katie Flood and Megan Connor Today, SBA released an advance notice of proposed rulemaking, which will amend the WOSB Program certification process. In the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a certification process. SBA is now soliciting feedback on how to best implement Congress’ directive. Through the advance notice, SBA is providing commenters the ability to suggest what they believe is the most appropriate way to structure the WOSB/EDWOSB certification process . . . Read More
Combating Trafficking in Persons (CTIPS): What Contractors Need to Know
Presented by Cy Alba and Nichole Atallah for the Public Contracting Institute
2015 GAO Bid Protest Annual Report: Sustain Rate at Five Year Low, But Effectiveness Rate Up
By Megan Connor Last week, GAO released its annual report to Congress, which included data concerning its protest filings for Fiscal Year 2015. Based on the data, GAO sustained the fewest protests in 2015 than in any prior year going back to 2011. In 2015, GAO received 2,639 cases, of which 2,496 were protests (versus requests for reconsideration or cost claims). Only 587 protests reached a decision on the merits and, of these, only 68 protests were sustained. This means that, roughly speaking, about 3 . . . Read More