Weekly Update for Government Contractors and Commercial Businesses – September 23, 2021
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . LITIGATION & DISPUTE RESOLUTION “Let’s Get Surety” Podcast: Cy Alba and Matt Feinberg Discuss False Claims Act Implications in the Construction and Surety Industries, September 17, 2021, Cy Alba and Matt Feinberg Kat Shamapande, host of the podcast “Let’s Get Surety”, spoke recently with PilieroMazza’s Cy Alba and Matt Feinberg, partners in the Firm’s False . . . Read More
Making a Good Faith Effort: The Recent Update to FAR Subcontracting Plan Regulations
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration recently published a final rule that amends the Federal Acquisition Regulation (FAR) to better explain how contracting officers should evaluate “good faith efforts” on the part of prime contractors to comply with their small business subcontracting plans. These explanations were already included in Small Business Administration (SBA) regulations through a final rule published on November 29, 2019. But, the FAR amendments will allow contracting officers to more easily determine . . . Read More
DOD Issues Class Deviation Making Limitations on Subcontracting Compliance More Uniform
As we previously wrote , the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However, because the changes to the FAR do not account for more-recent revisions to SBA’s LOS rule, inconsistencies between the two sets of regulations remain. Recognizing this disconnect, the Civilian Agency Acquisition Council has released a memorandum authorizing civilian agencies to issue FAR class deviations to better align the FAR’s and . . . Read More
Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements
Members of the government contracting community are familiar with the contracting opportunities offered specifically to small and disadvantaged businesses. The availability of small business contracts and set-aside contracting opportunities through the U.S. Small Business Administration’s (SBA) 8(a), Mentor-Protégé, and various set-aside programs (such as those available for service-disabled veteran-owned small businesses or women-owned small businesses), offer important opportunities for small businesses to grow without competing against mega companies with endless resources. However, certain requirements for performing contracts under these programs . . . Read More
Jury Convicts Former NASA Subcontractor of Fraud: A Warning Regarding Wire Fraud for Government Contractors
In the government contracting sphere, being able to qualify for one or more of the U.S. Small Business Administration’s (SBA) small business set-aside programs or self-certify as a small business can help open doors to new contracting opportunities for companies without having to compete against billion-dollar businesses. But making a false certification of size or status to participate in these programs or bid on set-aside contracts can cause problems for your business and may even lead to criminal liability. A . . . Read More
The FAR’s Revised Limitations on Subcontracting: What You Need to Know
On August 11, 2021, the Federal Acquisition Regulatory Council (FAR Council) issued a final rule revising and standardizing the limitations on subcontracting (LOS), including the nonmanufacturer rule, that apply to small business concerns under Federal Acquisition Regulation (FAR) part 19, more closely aligning them with Small Business Administration (SBA) regulations. The final rule becomes effective today, September 10, 2021, and is summarized in more detail below. The FAR Council’s long-awaited LOS rule finally addresses major differences that had existed between SBA’s regulations . . . Read More
GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members
In a recent decision , the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility clearance (FCL), which is prohibited by the National Defense Authorization Act (NDAA) of 2020 and U.S. Small Business Administration (SBA) regulations. This decision has significant implications for JVs pursuing classified contracts and underscores the value of protests as a useful procurement tool for government contractors. Background . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – August 26, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: Cybersecurity & Data Privacy Webinar Series: Password Protected: Essential Cybersecurity & Data Privacy Planning for Your Small Business, September 14, 2021, Anna Wright and Emily Rouleau. Read more here . WEBINAR: Exit Worth Celebrating – It’s Never Too Early to Plan for Your Exit, September 21, 2021, Cy Alba . Read more here . WEBINAR: Construction Webinar Series: DOT’s Disadvantaged Business Enterprise Program: What Large and Small Construction Contractors Need to . . . Read More
Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform
The Federal Acquisition Regulatory Council (FAR Council) recently issued a final rule on August 11, 2021, updating the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule to more closely mirror the U.S. Small Business Administration’s LOS regulation. However, inconsistencies between the two sets of regulations remain. To bridge the divide, on August 13, 2021, the Civilian Agency Acquisition Council (CAAC) released a memorandum authorizing civilian agencies to issue FAR class deviations adopting certain exceptions to the LOS requirements for small . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – August 19, 2021
If you have questions concerning the content below, please visit this link . PilieroMazza is gearing up for the 2021 National 8(a) Alaska Regional Conference. If you’re attending, check in with our attorneys Peter Ford , Nichole Atallah , Dave Shafer, and Meghan Leemon at exhibit booth seven. We also invite you to check out Peter and Dave’s presentation “Acquisitions & Mergers” on August 24, 2021. See you there! WEBINAR: Recent Trends in COVID Vaccine and Mask Mandates for Employers, August 20, 2021, Nichole Atallah and Sarah Nash . Read more here . . . . Read More