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Abigail “Abby” Baker Becomes Chair of PilieroMazza’s Business & Transactions Group, 10.03.22
PilieroMazza—a business law firm serving government contractors and commercial businesses—announces the arrival of partner Abigail “Abby” Baker, who will lead the Firm’s Business & Transactions Group as Practice Group Chair. Abby brings to PilieroMazza years of extensive experience in matters involving mergers and acquisitions, private equity, corporate finance, corporate governance, restructurings, and general corporate transactions. Clients from emerging growth private companies to publicly traded companies in a variety of industries, including government contracting, will benefit from Abby’s counsel. Read more here.
Impact of SBA Proposals on Federal Subcontracting, 10.03.22, Sam Finnerty
As PilieroMazza recently noted, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors. The proposed rule is focused on SBA’s 8(a) Program (see our client alert highlighting those proposed changes here), but it also impacts the rules for subcontracting on federal projects. This client alert provides contractors with an overview of SBA’s proposals related to the limitations on subcontracting, subcontractor affiliation, and subcontracting plans. Read more here.
Section 889 Part B to Take Full Effect for DOD Contractors on October 1st, 09.29.22, Cy Alba
In October 2020, we wrote about a memorandum issued by the now former Director of National Intelligence, John Ratcliffe, which waived the requirement that Department of Defense (DOD) contractors comply with Part B of Section 889 of the National Defense Authorization Act for Fiscal Year 2019 until September 30, 2022. Unless another waiver is granted, full compliance with Section 889, Parts A and B, will be required starting October 1st for all DOD contracts. Read more here.
Biden Signs Spending Bill That Averts Government Shutdown with 11 Hours to Spare
President Biden signed an interim funding bill to tide federal agencies over for another ten weeks. The continuing resolution maintains current levels of spending and extends funding through December 16th, giving Congress extra time to hammer out details for a broader budget deal. Read more here.
Administrator Guzman Applauds Passage of SBIR Program Reauthorization, Committing to Scientific and Technology Innovation
Administrator Isabella Casillas Guzman, head of the Small Business Administration, released a statement following the House vote to reauthorize funding for the Small Business Innovation Research (SBIR) program. She applauded the three-year SBIR reauthorization, calling it “a significant win” for the nation’s small businesses. Read more here.
Small Business Size Standards: Adoption of 2022 North American Industry Classification System for Size Standards
The Small Business Administration amended its small business size regulations to incorporate the Office of Management and Budget’s North American Industry Classification System revision for 2022 into its table of small business size standards. SBA’s final rule became effective October 1, 2022. Read more here.
DFARS: Representation Relating to Compensation of Former DOD Officials
The Department of Defense (DOD) amended the Defense Federal Acquisition Regulation Supplement to clarify the requirement for offerors to represent whether former DOD officials they employ are in compliance with post-employment restrictions. DOD’s final rule became effective September 29, 2022. Read more here.
SBA Announces Updated Guidance Regarding Deadline for Targeted EIDL Advance Program Reevaluations
The Small Business Administration (SBA) issued updated guidance for those small businesses that have already applied for the Targeted EIDL Advance program, received a decline, and are interested in applying for reevaluation. Specifically, the following updated guidance is being provided:
- Those interested in being considered for reevaluation can submit their reevaluation requests until February 15, 2023. The SBA is no longer accepting new Targeted EIDL Advance applications as of December 31, 2021.
- This opportunity is for small businesses that were declined for the Targeted Advance program and can provide additional information to demonstrate their eligibility.
Read more here.
Federal Procurement Data System Reporting Instructions for Contract Actions Related to Support for Ukraine
The Department of Defense issued a memorandum that identifies reporting tasks that contracting officers should perform for contract actions (e.g., new awards, modifications, orders) related to the support of Ukraine. Read more here.
FedRAMP Announces Public Comment Period for Authorization Boundary Guidance
The FedRAMP Program Management Office recently worked with the Joint Authorization Board and the Office of Management & Budget to update the FedRAMP Authorization Boundary Guidance and is requesting public comment from stakeholders. The purpose of the guidance is to help Cloud Service Providers understand the security and compliance requirements for the processing, storage, and transmission of data types, and how to accurately describe and illustrate their Cloud Service Offerings’ authorization boundary. Read more here.
Suspension from GSA Advantage for Contracts Not Providing Order Status
Since December 2021, bi-weekly emails were sent to contractors who were non-compliant with the requirement to provide order status for their General Services Administration (GSA) Advantage orders before the order delivery due date passed. GSA published an announcement to state that, beginning October 3, 2022, contractors with combined shipped/backordered scores of 50% or below with at least eleven line items on the bi-weekly report, will be suspended from GSA Advantage and GSA eBuy. Affected contractors were notified, September 28, 2022, via email. GSA explained that, if you are not notified of suspension, you will not be suspended. Read more here.
Upcoming Government Contracts Presentations
Independent Contractor Rule Redux Clears White House Review
A Department of Labor (DOL) proposal to define independent contractor status under federal wage and hour law was approved by the White House budget office, the final step before the regulation is released. The proposal (RIN: 1235-AA43) will outline how the Biden DOL plans to address when workers should be classified as independent contractors. Read more here (subscription required).
Upcoming Labor & Employment Presentations