PilieroMazza Submits Comments in Reponse to Proposed Rules on Small Business Subcontracting

February 4, 2019
On February 4, 2019, PilieroMazza submitted comments on RIN 3245-AG86, Proposed Rule National Defense Authorization Acts of 2016 and 2017, Recovery Improvements for Small Entities After Disaster Act of 2015, and Other Small Business Government Contracting.

We submitted our comments on the U.S. Small Business Administration’sroposed rule on amendments to its regulations to implement several provisions of the National Defense Authorization Acts of 2016 and 2018 and the Recovery Improvements for Small Entities After Disaster Act of 2015 (“RISE Act”), as well as other clarifying amendments. 83 Fed. Reg. 62516. Our firm represents small businesses and their teaming and joint venture partners operating across the government contracting spectrum. Although many of SBA’s proposed changes are welcome to the small business contracting community, we believe that several of the proposed rules will create confusion and compliance challenges for small business contractors. Read our full comments here.

PilieroMazza Submits Comments in Reponse to Revision of Limitations on Subcontracting

February 4, 2019
On February 4, 2019, PilieroMazza submitted comments on RIN 3245-AG86, Proposed Rule National Defense Authorization Acts of 2016 and 2017, Recovery Improvements for Small Entities After Disaster Act of 2015, and Other Small Business Government Contracting.

SBA has already issued a thorough body of regulations dealing with the limitations on subcontracting, and SBA has the authority under the Small Business Act to mandate the level of performance by prime contractors on small business set-aside contracts. Therefore, SBA’s regulations represent the appropriate standard for the limitations on subcontracting, and we agree with the FAR Council’s efforts to conform the FAR with SBA’s rules. However, as discussed in our comments, we believe the proposed FAR clauses require further revisions to ensure they are consistent with the existing SBA regulations. Read our full comments here.

PilieroMazza Submits Comments on Recent VA Rulemaking Proposed Rules

January 24, 2019
On January 24, 2019, PilieroMazza submitted comments to the U.S. Department of Veterans Affairs in response to the proposed rule issued on November 29, 2018, RIN 2900-AQ24—VA Acquisition Regulation: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace; Protection of Privacy and Freedom of Information; Other Socioeconomic Programs; and Contract Modifications.

Our comments ask that the proposed rules fully implement VA's mandate to give contracting priority to SDVOSBs, then VOSBs, then over to all other businesses contracting with the VA. Download our comments.
  • VAAR Part 826 Will Be Beneficial, But It Needs Further Clarification
    • VA should not use the phrase “shall consider” because this suggests that VA contracting officers have discretion in whether to provide evaluation preferences for SDVOSBs and VOSBs, which they do not. Moreover, it is unclear how that discretion would be exercised if it existed (which it does not). 
  • The VAAR Must Fully Implement the Vets Act Priority for SDVOSBs and VOSBs
    • In light of the above, it is important to emphasize that the Vets Act mandates that there is a preference for VA to award contracts in the following order of priority: (1) contracts awarded to SDVOSBs; (2) contracts awarded to VOSBs that are not SDVOSBs; (3) contracts awarded pursuant to Section 8(a) or Section 31 of the Small Business Act; (4) contracts awarded pursuant to any other small business contracting preference.
  • When applying the full and partial credit for SDVOSBs and VOSBs under subsection (b) in a procurement where price is the only factor or that uses a lowest price technically acceptable source selection process as described in FAR 15.101-2, the contracting officer must deem the price offered by a verified SDVOSB to be 10% lower than its proposed price for evaluation purposes. The contracting officer must deem the price offered by a verified VOSB to be 5% lower than its proposed price for evaluation purposes.

Jon Williams to present at the NCMA GCMS on Cybersecurity in Federal Procurements

December 3, 2018
 



Join Jon Williams on Monday, December 3, 2018, at the NCMA Government Contract Management Symposium



“Ahead of the Curve: Cybersecurity and the Competitive Edge in Federal Procurements”


Government contractors handling controlled unclassified information for DoD are expected to comply with new cybersecurity standards set forth in NIST SP 800-171. Learn about the new requirements and how getting ahead on cyber compliance can give you a competitive advantage for federal procurements.

Date:        December 3, 2018
Time:       1:30 - 2:45 PM
Session:  B07
Room:      Potomac V/VI
Place:       Hyatt Regency Crystal City

Register for the conference here
 

Heading to the SAME Small Business Conference in New Orleans?

November 1, 2018
   

Join Tony Franco and Megan Connor at the SEBAC Speaker Session at the SAME Small Business Conference on November 1, 2018.

 

“Update on Legal Developments for Small Business Contractors”


This year, Congress and federal agencies have made tweaks to some of the laws and regulations affecting government contractors, including use of LPTA procurements, cybersecurity, and the definitions of commercial services and commercial products. This session will provide an update on those changes and how they may impact your business. There have also been some interesting rulings by the GAO, Court of Federal Claims, and SBA Office of Hearings and Appeals. Highlights include GAO’s OTA decision as well as OHA’s new authority regarding CVE appeals and eligibility protests. For small businesses, there have been developments in the HUBZone Program, ownership and control requirements for SDVOSB companies, limitations on subcontracting rules, size standards, and the receipts size calculation, all of which this session will cover.

Date:     November 1, 2018
Time:     8:00 a.m.
Place:    Marriott Downtown New Orleans at the Convention Center* - Fulton Meeting Room
*The Marriott Downtown New Orleans is directly across from the New Orleans Convention Center, the venue for the SAME 2018 Small Business Conference.

RSVP Here
 
 
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