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
PilieroMazza Legal Advisor – Fourth Quarter 2016
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
The Weekly Update for October 21, 2016
SMALL BUSINESS ADMINISTRATION Small Business Mentor-Protégé Programs – Corrections The SBA has issued technical corrections to its final rule published in the Federal Register on July 25, 2016 (81 FR 48557), amending its regulations to establish a new government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in SBA’s 8(a) Business Development Program. The rule, which went into effect August 24, 2016, also made several additional changes to current size, 8(a), Office of Hearings . . . Read More
The Weekly Update for November 18, 2016
DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Clarification of Requirement for Justifications for 8(a) Sole Source Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) have issued a proposed rule to amend the Federal Acquisition Regulation to clarify the guidance for sole-source 8(a) contract awards exceeding $22 million. This proposed rule responds to the recommendations made by the Government Accountability Office (“GAO”) in its report, “Slow Start . . . Read More
The Weekly Update for October 14, 2016
GOVERNMENT CONTRACTS Implementing Category Management for Common Goods and Services The Office of Federal Procurement Policy (“OFPP”) in the Office of Management and Budget (“OMB”) has proposed the issuance of a new OMB Circular, Implementing Category Management for Common Goods and Services, to codify category management, a strategic practice where Federal contracting for common goods and services is managed by categories of spending across the Government and supported by teams of experts. The Circular establishes key principles, and strategies and . . . Read More
The Weekly Update for October 7, 2016
GOVERNMENT CONTRACTS Prohibition on Contracting With Corporations with Delinquent Taxes or a Felony Conviction Updating Federal Contractor Reporting of Veterans’ Employment Non-Retaliation for Disclosure of Compensation Information Sole Source Contracts for Women-Owned Small Businesses Consolidation and Bundling Amendment Relating to Multi-Year Contract Authority for Acquisition of Property Contractors Performing Private Security Functions Section of Bipartisan Budget Act of 2013 Implemented Federal Acquisition Circular 2005-91 Small Entity Compliance Guide Department of Defense’s (“DOD”) Defense Industrial Base (“DIB”) Cybersecurity (“CS”) Activities SMALL BUSINESS ADMINISTRATION Early Stage Business . . . Read More
More Work Needed to Improve the HUBZone Program
The HUBZone Program needs some TLC. After a peak of 14,000 SBA-certified participants in 2009, the HUBZone Program has seen a significant drop in participation over the past few years due to various factors. This, in turn, has led to a marked downturn in federal spending on HUBZone firms, while other set-aside categories have consistently met or exceeded the federal spending goals. In a 2015 report, GAO recommended ways for SBA to improve HUBZone Program oversight as well as communication . . . Read More