Congress Passes New Receipts Calculation for Determining the Size of Small Businesses
On December 6, 2018, the Senate passed the Small Business Runway Extension Act (HR 6330) , which amends the Small Business Act by changing the time period for determining a company’s size based on average annual receipts. Initially, the Small Business Act required a company’s compliance with the size standards to be prescribed on the basis of the company’s average annual receipts from the previous three years; the Small Business Runway Extension Act extends this time to the previous five years. The House passed the bill on . . . Read More
Important Changes Governing Limitations on Subcontracting Immediately Affecting All DoD Procurements
In a welcome step towards regulatory conformity, on December 4, 2018, the FAR Council finally issued its proposed rule to bring the FAR into compliance with the statutory requirements of § 1651 of the NDAA for FY 2013, which governs limitations on subcontracting. The proposed rule will conform the FAR’s limitations on subcontracting clause, FAR 52.219-14, with how SBA performs the calculation, codified at 13 C.F.R. § 125.6. The proposed rule signals an end to two years of relative uncertainty for contractors . . . Read More
The Weekly Update for December 7, 2018
RULES AND REGULATIONS Proposed Rules The Small Business Administration (SBA) published a proposed rule amending its regulations and implementing provisions of the NDAAs of 2016 and 2017 as well as the Recovery Improvements for Small Entities After Disaster Act of 2015 (RISE Act). The proposed rule would (1) clarify that contracting officers have the authority to request information in connection with a contractor’s compliance with applicable limitations on subcontracting clauses; (2) provide exclusions for purposes of compliance with the limitations . . . Read More
The Weekly Update for December 3, 2018
RULES AND REGULATIONS The Department of Veterans Affairs (VA) issued a proposed rule on November 29, 2018 proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the FAR. It will also remove procedural guidance that is internal to the VA, move it to the VA Acquisition Manual, and incorporate new agency-specific regulations or policies. The proposed rule would also add VAAR coverage concerning Environment, Energy and . . . Read More
The Weekly Update for October 22, 2018
DEFENSE DEPARTMENT Class Deviation-Commercial Items Omnibus Clause for Acquisitions Using the Standard Procurement System According to an article on acq.osd.mil , this class deviation rescinds and supersedes Class Deviation 2013-00019. Effective immediately, when using the Standard Procurement System (SPS) to contract for commercial items, all Department of Defense (DOD) contracting activities may deviate from the requirements at Federal Acquisition Regulation (FAR) 12.301 (b)( 4) and the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- . . . Read More
OHA to Decide VA SDVOSB Status Protests Starting This Week
Starting on October 1st, SBA began hearing protests challenging an apparent awardee’s eligibility for inclusion in the VA Center for Verification and Evaluation (“CVE”) database and, in turn, its eligibility for a VA SDVOSB contract award. Previously, an SDVOSB status protest for a VA procurement was filed with the contracting officer, who then forwarded the protest to the Director of the CVE to render a status determination. To be timely, the protest had to be filed within five business days . . . Read More
The Weekly Update for October 1, 2018
DEFENSE DEPARTMENT Federal Acquisition Regulation: Evaluation Factors for Multiple-Award Contracts The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) are proposing to amend the Federal Acquisition Regulation to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. Section 825 of the NDAA for FY 2017 amends 10 U.S.C. 2305(a)(3) to modify the requirement to consider cost or price as an evaluation factor for the award for . . . Read More
Effective October 1, 2018: A Universal Set of Ownership and Control Requirements for VOSBs and SDVOSBs
Just one week before taking effect, the Department of Veterans Affairs (VA) issued a final rule on verification guidelines for veteran-owned and service-disabled veteran-owned small businesses, found in the National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017). The final rule implements the NDAA 2017, which placed the responsibility for issuing regulations relating to ownership and control for the VA’s verification of VOSBs and SDVOSBs with SBA. As relevant background, the current VA and SBA regulations regarding ownership and control of . . . Read More
New Receipts Calculation for Federal Contractors?
Congress is considering changing the receipts calculation for small businesses. Currently, a company’s size is determined based on the average annual receipts of the three recently completed fiscal years. However, in the Small Business Runway Extension Act of 2018, H.R. 6330 , which the House passed on September 25, 2018, the House of Representatives proposes amending the Small Business Act to change this time period to five years. In a Report dated September 12, 2018, the House Small Business Committee (“HSBC”) observed that . . . Read More
The Weekly Update for September 21, 2018
SMALL BUSINESS ADMINISTRATION House Small Business Committee Calls for a Status Update on FAR Revision of Limitations on Subcontracting. Last week, House Small Business Committee Chairman Steve Chabot and Ranking Member Nydia Velázquez sent a letter to the acting administrator of the Office of Federal Procurement Policy requesting a status update of Federal Acquisition Regulation Case Number 2016-011, titled “Revision of Limitations on Subcontracting. Section 1651 of Public Law 112-239, the National Defense Authorization Act for Fiscal Year 2013 (2013 . . . Read More