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

CIO-SP4 Amendment 7: Major Changes for Small Business and Large Business Prime / Subcontractor Teams

The National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) just issued major changes to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request for Proposals (RFP) under Amendment 7 to the RFP. These changes will impact both small and large business teams who intend to rely on subcontractors (i.e. FAR 9.601(2) Contractor Team Arrangement (CTA) members). For small business teams, Amendment 7 clarifies that only first-tier subcontractors can be used for purposes of meeting the requirements for . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – July 2, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: Latest Developments with the HUBZone Program, July 21, 2021, Jon Williams . Read more here . WEBINAR: Risk Prevention Strategies: Legal Considerations in Crisis Management – Planning, Mitigation, and Recovery, July 28, 2021, Matt Feinberg and Megan Benevento. Read more here . LABOR & EMPLOYMENT DOL Announces Proposed Rulemaking to Protect Tipped Workers, Clarify Use of the Tip Credit The Department of Labor (DOL) announced a Notice of Proposed Rulemaking to withdraw and re-propose one portion of the Tip Regulations . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – June 24, 2021

If you have questions concerning the content below, please visit this link . PilieroMazza Partner Jon Williams Testifies at Congressional Hearing on CMMC, June 24, 2021 PilieroMazza is pleased to announce that Jon Williams , a Partner on the Firm’s Cybersecurity & Data Privacy Team and Chair of the Government Contracts Group , testified at a hearing on June 24, 2021, at 10:00 AM ET before the Congressional Committee on Small Business Subcommittee on Oversight, Investigations, and Regulations. The hearing—which focused on matters concerning Cybersecurity Maturity Model Certification (CMMC)—was entitled “CMMC Implementation: . . . Read More

DOD, GSA, and NASA Issue Proposed Rule to Update the HUBZone Program in the FAR

The Small Business Administration (SBA) updated its Historically Underutilized Business (HUBZone) program in a final rule issued on November 26, 2019, at 84 FR 65,222. The Department of Defense, General Services Administration, and the National Aeronautics and Space Administration have issued a proposed rule seeking to amend the Federal Acquisition Regulation (FAR) to correspond with the updates made by the SBA. The proposed changes to the FAR include: updating the small business concern definition, adding in status protest procedures for . . . Read More