The Land Mines of Unpopulated Joint Ventures
SBA has all but eliminated populated joint ventures (i.e., a joint venture with employees of its own performing direct labor). As a result, companies that want to form a joint venture for set-aside opportunities and not be affiliated with each other need to form an unpopulated joint venture. While SBA’s preference for unpopulated joint ventures is meant to benefit small business venturers and provide them with more hands-on experience, it creates wrinkles for the venturers. 1. Scope of Work When . . . Read More
Happy Cyber New Year: The Year End Countdown to DFARS Compliance with NIST SP 800-171
Presented by Jon Williams and Kimi Murakami Click here to view the recorded session. Session Description: This session discussed the implementation of NIST SP 800-171 when contractors are subject to DFARS 252.204-7012. Topics included if you need to comply and, if so, what you need to do to implement new security requirements. It also helps to determine if you are already prepared based on the policies and procedures in place. A strong security program can give you a competitive advantage and avoid many adverse consequences . . . Read More
Your Annual Performance of Work Report Is Due Soon
If your joint venture (“JV”) was awarded an 8(a), SDVOSB, HUBZone, or WOSB set-aside contract in the months following SBA’s July 2016 final rulemaking, you should be getting ready to submit your annual performance of work report (“Annual Report”). The final rule, which became effective at the end of August 2016, amended SBA’s regulations to clarify the conditions for creating and operating JVs. One such condition is to submit the Annual Report to the contracting officer and to SBA, explaining . . . Read More
Happy Cybersecurity New Year
After the ball drops in Times Square this New Year’s Eve, many DoD contractors will wake up with a headache. And we don’t mean from too much champagne. We are talking about extensive DoD cybersecurity requirements these contractors must implement by December 31, 2017. Take this blog and call your PilieroMazza lawyer in the morning. The 12/31/17 deadline has been known since last year and many contractors are surely ahead of the curve. But if you find yourself doing . . . Read More
Why Failing To Intervene In A Bid Protest Could Have Dire Consequences
Imagine that your company has just been awarded a contract after spending significant time and resources identifying a federal business opportunity and developing a winning proposal. Now imagine that just as you are preparing to perform that contract a bid protest is filed by an interested party (e.g., a disappointed competitor). Depending on the facts of the case, you may be inclined to sit back and let the protest play out. No doubt, such a tactic would save the company . . . Read More
What Does a Potential Replacement of the Category Management Circular Mean for Contractors?
Approximately one year ago, we submitted comments to the Office of Management and Budget (“OMB”) Proposed OMB Circular No. A-XXX, Implementing Category Management for Common Goods and Services . As explained in a blog post discussing the Proposed Circular, if implemented, the Proposed Circular would dramatically change the way the Government purchases common goods and services. “Common goods and services” are “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 represent a significant portion of Government spending. The 2016 Circular aimed to create a Government-wide approach to . . . Read More
The Weekly Update December 1, 2017
GOVERNMENT CONTRACTS PROTESTS If the Federal Watchdog Office Works for Contract Protestors, Why the Decline? According to an article posted in the Federal Contracts Report, several reasons could explain the decrease in bid protest filings in 2017 despite an “effectiveness” rate showing that the Federal Watchdog office regularly provides relief to contractors. There has been a 7% drop in filing bid protests in fiscal 2017—from 2,789 to 2,596—and there are various reasons available as likely explanations; including but not . . . Read More
GSA Schedule Contractor Team Arrangements: More Than Meets the Eye
You may have heard it suggested that for an upcoming GSA Schedule task order opportunity, the ordering agency “encourages” contractors to form Contractor Team Arrangements (CTA). What does this mean? A CTA is when two or more Schedule contractors combine their Schedule offerings as a “team” to pursue task orders issued under Schedule contracts. In order to participate as a “team member” in the CTA, each team member must maintain its own current GSA Schedule contract and be otherwise . . . Read More
Considerations When Bringing on a New Owner
Presented by Peter Ford and Meghan Leemon Click here to view the recorded session.
Until It Happens To You: Preventing and Handling Sexual Harassment Claims
For the last several weeks, media outlets have reported on sexual harassment almost constantly. Indeed, the media makes it seem like sexual harassment claims are levied against a new public figure each day. To put this intense dialogue about sexual harassment and sexual assault in perspective, however, one must consider that the media generally only focuses on allegations levied against the most famous and powerful individuals: Hollywood moguls; movie stars; and politicians. But, in reality, the problem persists at every . . . Read More