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Mentor-Protégé Joint Venturing: Friend or Foe?

With the arrival of the All Small Mentor-Protégé Program , the question of how to structure teaming relationships has come to the forefront of many contractors’ minds. This is especially true because companies in approved mentor-protégé relationships may form joint ventures to pursue set-aside work, even if not all the joint venture partners are small businesses or otherwise qualify for the socioeconomic status of the set-aside. Still, recently our clients have questioned why they should form a joint venture when they can pursue the work in a . . . Read More

The Weekly Update December 9, 2016

GOVERNMENT CONTRACTS Set-Asides under Multiple-Award Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to revise the Federal Acquisition Regulation (“FAR”) to implement regulatory changes made by the Small Business Administration (“SBA”) in its final rule (78 FR 61114), dated October 2, 2013, regarding the use of small business partial set-asides, reserves, and orders placed under multiple-award contracts. SBA’s final rule implements the statutory requirements set forth at section 1331 . . . Read More

NDAA Makes Changes to the SDVOSB Programs and Authorizes GAO Jurisdiction to Hear Task Order Protests

Congress often includes provisions dealing with small business programs in its annual National Defense Authorization Act. 2016 was no exception. This year, In Section 1832, Congress has attempted to provide some uniformity to the Veterans Administration and the Small Business Administration programs for our veteran-owned small businesses. Here are the highlights: Uniformity in Service-Disabled Veteran Definitions Defines “small business concern owned and controlled by service-disabled veterans” in the small business act and makes the definition universal for both the . . . Read More

The Weekly Update December 2, 2016

GOVERNMENT CONTRACTS FAR Amendment Proposal to Implement Section of NDAA 2016 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 for Fiscal Year 2016, which will clarify that agency acquisition personnel are permitted, and encouraged, to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and . . . Read More

Proposed Changes to FAR to Clarify Requirements for 8(a) Sole Source Contract Justification Over $22 Million

By Megan Connor On November 15, 2016, the DOD, GSA, and NASA issued a proposed rule to amend the FAR to clarify guidance for justifications of sole source 8(a) contract awards exceeding $22 million. This proposed rule responds to recommendations made by the Government Accountability Office (“GAO”) in its report, “Slow Start to Implementation of Justifications for 8(a) Sole-Source Contracts” ( GAO-13-118 ). The GAO report focuses on the revisions made to the FAR to implement section 811 of the National Defense Authorization . . . Read More

The Weekly Update for November 14, 2016

DEPARTMENT OF DEFENSE Revised Interim Implementation of Government-wide Guidance for Grants and Cooperative Agreements The DOD has issued a notice of proposed rulemaking (“NPRM”), the first in a sequence of six NPRMs, which collectively establish, for DOD grants and cooperative agreements, an updated interim implementation of government-wide guidance on administrative requirements, cost principles, and audit requirements for federal awards. This NPRM removes a part of the DOD Grant and Agreement Regulations (“DODGARs”) and replaces it with a new DODGARs part . . . Read More

The Weekly Update for November 4, 2016

DEPARTMENT OF DEFENSE Withholding of Unclassified Technical Data and Technology from Public Disclosure The Department of Defense (“DOD”) Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics has proposed a rule that establishes policy, assigns responsibilities, and prescribes procedures for the dissemination and withholding of certain unclassified technical data and technology subject to the International Traffic in Arms Regulations and Export Administration Regulations. It applies to DOD components, their contractors and grantees, and is meant to control . . . Read More

The Weekly Update for October 28, 2016

OTHER GOVERNMENT CONTRACTING NEWS “Texas court places temporary halt on Fair Pay rule.” Federal News Radio. October 26, 2016. The Eastern District Court of Texas placed a preliminary injunction on Fair Pay and Safe Workplaces rule that was supposed to take effect October 25. The court adopted most of the arguments set forth by the Associated Builder and Contractors in the initial lawsuit filed on October 7, including that the rule violated federal contractors’ First Amendment and due process rights . . . Read More

PilieroMazza Legal Advisor – Fourth Quarter

In this Issue: Fair Pay Safe Workplaces Halted but Not Dead Recent Clarifications to SBA’s Definition of Receipts Small Business Contracting Opportunities Abound Outside the Federal Marketplace The Corporate Designee in Commercial Litigation

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