PilieroMazza’s Weekly Update is an e-mail sent on Fridays that recaps legislative and regulatory issues affecting businesses of all sizes. When government agencies propose significant changes to existing regulations or Congress passes legislation of special interest to the small business community, we follow-up the Weekly Update with an analysis of the proposed change and the likely impact on small business.

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Weekly Update for Government Contractors and Commercial Businesses - October 2, 2019

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CYBERSECURITY & DATA PRIVACY

Start Preparing Now for DoD's Upcoming Cybersecurity Maturity Model Certification (CMMC), September 27, 2019, Jon Williams and Emily Rouleau
For a while now, we have been writing about the increasing impact of cybersecurity on the government contracting world, which, as Jon wrote, has become the “fourth pillar” of Department of Defense (DoD) acquisitions. The latest evidence of this was discussed by our colleague, Dave Shafer, in his recent blog discussing a new DoD cybersecurity certification. This certification, called Cybersecurity Maturity Model Certification or “CMMC,” will significantly alter the DoD-acquisition landscape next year. Indeed, when this certification requirement comes online, all DoD contractors will be required to have CMMC to bid on, win, and retain new DoD contracts. [Read More]

Related Cybersecurity & Data Privacy Presentations by PilieroMazza

PODCAST: The Whistleblower's Complaint: First-Of-Its-Kind Cybersecurity False Claims Act Settlement is the third episode of "Ex Rel. Radio," our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for government contractors who may face enforcement issues in light of emerging trends. In this episode, PilieroMazza attorneys Matt Feinberg and Dave Shafer join our host, Jon Williams, to discuss a recent cybersecurity FCA case that may have far-reaching implications for government contractors who are subject to federal cybersecurity requirements. [Read More]

LABOR & EMPLOYMENT LAW

Impact of DoL's Changes to FLSA Salary Basis Test on Government Contractors and Commercial Businesses, September 26, 2019, Nichole Atallah
On September 24, 2019, the Department of Labor (DoL) announced its final rule to change the Fair Labor Standards Act’s (FLSA) salary basis test, which is integral to classifying an employee as exempt from overtime payments. In order to designate an employee as FLSA overtime exempt, an employer must ensure that the employee meets both a salary basis test, which establishes a salary threshold, and a duties test, which establishes the types of responsibilities and knowledge required to be eligible for an exemption. The salary basis requirement is currently $455 per week, or $23,660 per year. PilieroMazza previously blogged about the proposed DoL overtime exemption rule here. Effective January 1, 2020, the final rule will increase the threshold amount to $684 per week or $35,568 per year, a slight increase from the originally proposed amount. Employers, including government contractors, with salaried employees making under $35,568 annually need to determine if it makes business sense to convert employees to non-exempt status or to raise their salary. Not understanding this requirement could lead to costly DoL violations. [Read More]

Senate Confirms Scalia as Labor Secretary
Government Executive reported that the Senate voted 53-44 to confirm Eugene Scalia as Labor secretary. Mr. Scalia is a partner at the law firm Gibson, Dunn & Crutcher and son of the late Supreme Court Justice Antonin Scalia. Read more here.

Related Labor & Employment Law Presentations by PilieroMazza

WEBINAR: Resolving Onboarding Mistakes That Cause Legal Problems on Federal Contracts, December 11, 2019, Speaker: Nichole Atallah. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

EVENT: Selling Your Government Contracting Business or Expanding Your Company Through Acquisition: M&A for Government Contractors, October 10, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

GOVERNMENT CONTRACTS LAW

DoD Limits Use of LPTA
DoD issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts (NDAA) for fiscal years 2017 and 2018 that establish limitations and prohibitions on the use of the “lowest price technically acceptable” (LPTA) source selection process. DoD published a proposed rule in the Federal Register at 83 FR 62550 on December 4, 2018, to implement the limitations and prohibitions on use of the LPTA source-selection process provided in sections 813, 814, and 892 of the NDAA for fiscal year 2017 (Pub. L. 114-328) and sections 822, 832, 882, and 1002 of the NDAA for fiscal year 2018 (Pub. L. 115-91). No changes from the proposed rule are made in the final rule as a result of the public comments received. Read the published version here.

Information on Use of LPTA Process
The Government Accountability Office (GAO) released a report examining the best value, lowest price technically acceptable process of source selection, used by agencies to evaluate proposals received and award a contract competitively. Section 813 of the NDAA for fiscal year 2017, as amended, included limitations on DoD’s use of the LPTA process and required DoD to revise its acquisition regulation to reflect new criteria for use of the LPTA process. Section 880 of the NDAA for fiscal year 2019 required the Federal Acquisition Regulation (FAR) to be updated with similar requirements for civilian agencies. Sections 813 and 880 also included provisions for the GAO to report on the number of instances where the LPTA process was used for contracts exceeding $5 million. The GAO’s report describes (1) the status of regulatory changes governing the use of the LPTA process; and (2) the extent to which DoD and selected civilian agencies used the LPTA process to competitively award contracts and orders valued over $5 million in fiscal year 2018. Read the full report here.

Related Government Contracts Law Presentations by PilieroMazza

EVENT: Selling Your Government Contracting Business or Expanding Your Company Through Acquisition: M&A for Government Contractors, October 10, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

EVENT: Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses, October 17, 2019, Speakers: Kathryn Flood and Emily Rouleau. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

Overview, History, and Current Issues of SBA’s 8(a) Program
The Congressional Research Service released a report examining the 8(a) Program’s historical development, key requirements, administrative structures and operations, and the Small Business Administration’s (SBA) oversight of 8(a) firms. It also discusses two SBA programs designed to support 8(a) firms—the 7(j) Management and Technical Assistance Program and the 8(a) Mentor-Protégé Program—and provides various program statistics. Read the full report here.

Agencies Took Longer to Issue Small Business Awards than Recommended
The GAO issued a report after it analyzed agency-provided award data for awards made under the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Since the SBIR and STTR programs began in 1982 and 1992, respectively, federal agencies have awarded at least 162,000 contracts and grants totaling around $46 billion to help small businesses develop and commercialize new technologies. Eleven agencies participate in the SBIR program and five of them also participate in the STTR program. Each agency issues a solicitation requesting proposals at least once a year. Agencies then review proposal submissions and issue awards using grants or contracts. The SBIR and STTR policy directive recommends that most agencies issue awards no more than 180 calendar days from solicitation close. The NDAA for fiscal year 2019 included a provision for GAO to report on the timeliness of agencies' SBIR and STTR proposal review and award issuance. This report examines the time agencies spend issuing SBIR and STTR awards and the factors that affect the time spent, among other things. Read the full report here.

Results of OIG High Risk 7(a) Loan Review
The SBA Office of Inspector General (OIG) released a report examining the High Risk 7(a) Loan Review Program. In fiscal year 2014, the SBA/OIG established the High Risk 7(a) Load Review Program to minimize losses on SBA guaranteed loans, improve the effectiveness and integrity of the 7(a) program, and protest program dollars. The SBA/OIG sought to determine whether (1) high-dollar/early-defaulted 7(a) loans were originated and closed in accordance with rules, regulations, policies, and procedures and (2) material deficiencies existed that warrant recovery of guaranteed payments to lenders. The report consolidates the results of SBA’s OIG’s fiscal year 2019 High Risk 7(a) Loan Review Program. Specifically, it analyzes the results of the loans reviewed from February 2019 through August 2019. Read the full report here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

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Weekly Update for Government Contractors and Commercial Businesses - September 25, 2019

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FALSE CLAIMS ACT

Small Businesses and the False Claims Act (FCA): Are More FCA Cases Against Small Businesses on the Horizon? September 19, 2019, Timothy Valley
On August 20, 2019, the U.S. Department of Justice (DOJ) announced that it had reached a $20 million settlement with Luke Hillier (Hillier), the majority owner and former CEO of a Virginia-based defense contractor, ADS, Inc. (ADS), to resolve “allegations that he violated the FCA by fraudulently obtaining federal set-aside contracts reserved for small businesses that his company was ineligible to receive . . . .” The resolution of the claims against Hillier follows ADS’s payment of a separate $16 million settlement on related claims, as well as an additional $225,000 paid by Charles Salle, the former general counsel of ADS, to resolve claims arising from his role in the alleged scheme. Combined, the $36 million total settlement is believed to be the largest FCA recovery in history based on allegations of small business contracting fraud. Given the size of the collective settlement and the nature of the allegations against Hillier and ADS, small businesses everywhere—particularly government contractors—should anticipate a potential increase in the frequency of small business fraud-related FCA cases. [Read More]

United Parcel Service, Inc. (UPS) Pays $8.4 Million Settlement to Resolve Allegations That It Overcharged Under General Services Administration (GSA) Contract
DOJ announced that UPS has agreed to pay the United States $8.4 million to resolve allegations that it overcharged federal agencies for package delivery services under a GSA contract. The settlement resolves allegations that, from 2007 to 2014, UPS failed to follow the Price Reductions Clause of the GSA contract, which required UPS to provide GSA with certain lower prices offered to another customer, resulting in the government paying more than it should have for package deliveries. Read more here.

LABOR & EMPLOYMENT LAW

Minimum Wage for Government Contractors Increases January 1, 2020, September 20, 2019, Nichole Atallah
Executive Order 13658, Establishing a Minimum Wage for Contractors, established a minimum wage for employees working on, or in connection with, covered government contracts. Each year, the Department of Labor (DOL) assesses the established minimum wage and, using determined methodology, announces an increase. On September 19, the DOL announced the rate would increase to $10.80 per hour on January 1, 2020. The required minimum cash wage that generally must be paid to tipped employees performing work on, or in connection with, covered contracts will increase to $7.55 per hour on January 1, 2020. For government contractors, if your workforce is affected by the increase, you may be eligible for a price adjustment. [Read More]

California Measure Signed Making It Harder for Businesses to Classify Workers as Independent Contractors
Law360 reported that California Governor Gavin Newsom signed a landmark measure that makes it harder for California businesses to classify their workers as independent contractors, dealing a potential body blow to gig economy players like Uber and Lyft. Assembly Bill 5 revamps the state’s test for classifying workers as independent contractors, presuming workers are employees—who have several protections not afforded contractors—unless the hiring business can prove three specific things. In doing so, the law effectively codifies a 2018 California Supreme Court decision known as Dynamex, in which the court applied the so-called ABC Test to claims brought under a set of quasi-employment statutes known as wage orders. Under the test, workers are employees unless their hiring business shows they operate autonomously, perform work that isn’t the alleged employer’s main business, and are regularly and independently engaged in the work they’re hired to do. The new law takes effect January 1, 2020.

Progress Made on Government Accountability Office (GAO) Recommendations to Improve Nondiscrimination Oversight, but Challenges Remain
Since September 2016, the GAO issued three reports addressing equal employment opportunity. Federal law prohibits employers from employment discrimination based on race and gender (among other things). The U.S. Equal Opportunity Employment Commission (EEOC) and the DOL’s Office of Federal Contract Compliance Programs (OFCCP) are the primary agencies that enforce these laws. In order to provide an update on the status of its prior recommendations, the GAO released its testimony provided to the House Committee on Education and Labor’s Subcommittee on Civil Rights and Human Services. The GAO had previously testified about challenges the EEOC and OFCCP face in ensuring that employers meet equal employment opportunity requirements. For instance, OFCCP’s method for selecting contractors to conduct compliance evaluations might not accurately identify those at the greatest risk of equal employment disparities. Although OFCCP has implemented four GAO recommendations, seven recommendations require additional agency action to be fully implemented. Read the testimony here.

Related Labor & Employment Law Presentations by PilieroMazza

WEBINAR: Resolving Onboarding Mistakes That Cause Legal Problems on Federal Contracts, December 11, 2019, Speaker: Nichole Atallah. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

EVENT: Selling Your Government Contracting Business or Expanding Your Company Through Acquisition: M&A for Government Contractors, October 10, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

GOVERNMENT CONTRACTS LAW

Protégé Subcontract Revenues from Mentor Hold No Basis for Economic Dependence, September 18, 2019, Patrick Rothwell
An important benefit of a mentor-protégé agreement (MPA) is that no determination of affiliation may be found between a protégé and its mentor solely because of assistance provided under the agreement. A recent decision of the Small Business Administration (SBA) Office of Hearings and Appeals, Avar Consulting, Inc., upheld a size determination which found that a protégé was not affiliated with its SBA-approved mentor through economic dependence, even though the revenues it received from the mentor constituted over 70% of the revenues it received between formation and the date of size self-certification. A small business government contractor that anticipates future affiliation with a business under the 70% economic dependence rule should consider entering into an SBA-approved small business MPA with that business to prevent future revenues it receives from the business from being considered when economic dependence is assessed. [Read More]

SBA Falls Short in All Small Mentor-Protégé Program Evaluation
SBA’s Office of Inspector General (OIG) released a report titled “Evaluation of SBA’s All Small Mentor-Protégé Program.”SBA established the All Small Mentor-Protégé program in 2016 to extend SBA-approved mentor-protégé relationships to all small businesses. The program seeks to develop protégé firms through mentor-provided business development assistance and to help protégé firms successfully compete for federal contracts. OIG’s objectives were to determine whether SBA implemented effective controls to ensure it conducted initial application reviews and annual evaluations in accordance with the All Small Mentor-Protégé program regulations, and it measured program success. OIG found that SBA did not implement effective controls to ensure it conducted initial application reviews and annual evaluations to fully align with program regulations. Additionally, SBA did not fully adhere to established processes or ensure it appropriately documented assessments. Further, while SBA identified program performance indicators and a process to measure results, it did not effectively monitor and evaluate the results. Read the full report here.

SBA Lacks Sufficient Controls to Prevent Ineligible Entities from Participating in Small Business Programs
SBA’s OIG audited SBA’s suspension and debarment process. The objective was to determine whether SBA has sufficient controls in place to prevent suspended or debarred entities from receiving federal contracts through SBA’s preference contracting programs and small business loans. SBA’s OIG found that SBA has not established sufficient controls over its suspension and debarment process to prevent ineligible individuals or entities from participating in small business programs or to control the risk presented by potentially irresponsible entities participating in federal government programs. Read the full report here.

GAO Explores Options for Increasing Federal Contracting Opportunities for Mid-Sized Businesses
The GAO released a report examining how many small businesses grew to be mid-size and options for increasing federal contracting opportunities for mid-sized businesses. Some federal contracts are set aside for small businesses (categorized by their number of employees or their revenue). But what happens when these businesses grow to become mid-size? GAO found that, between 2008 and 2017, very few small businesses (about 2.5%) grew to mid-size and continued to receive some type of federal contract. However, stakeholders told GAO that implementing a mid-sized business set-aside would likely reduce opportunities for small businesses. Read the full report here.

Related Government Contracts Law Presentations by PilieroMazza

EVENT: Selling Your Government Contracting Business or Expanding Your Company Through Acquisition: M&A for Government Contractors, October 10, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

EVENT: Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses, October 17, 2019, Speakers: Kathryn Flood and Emily Rouleau. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

SBA Seeks Comments on Potential Changes to Export Loan Programs Regulations
SBA issued advance notice of proposed rulemaking and seeks comments on potential changes to the regulations governing its Export Loan Programs. The SBA 7(a) Loan Program includes three financing options for U.S. small business exporters, or businesses adversely affected by import competition. The purpose of these programs is to provide access to capital for U.S. small business concerns to support expansion into international markets and the growth of U.S. small business exports. Read the published version here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

Read More...

Weekly Update for Government Contractors and Commercial Businesses - September 19, 2019

If you have questions concerning the content below, please visit this link.

NATIVE AMERICAN LAW

Key Ruling on Native American Sovereign Immunity Stands—for Now, September 13, 2019, Paul Mengel
The Fourth Circuit case Williams v. Big Picture Loans is being hailed as a major victory for Native American sovereign immunity rights. For entities owned by Native American tribes, the case stands as an important ruling for determining arm-of-the-tribe sovereign immunity. The case may be appealed to the Supreme Court. [Read More]

CYBERSECURITY & DATA PRIVACY

DOD Needs to Fully Implement Program for Piloting Open Source Software
Open source software is code that is released under a license which grants users the right to modify, share, and reuse the software. Making code available for reuse as open source can have major benefits such as decreasing costs and improving efficiencies. The National Defense Authorization Act for Fiscal Year 2018 required the Department of Defense (DOD) to submit a plan to Congress for initiating the open source software pilot program established by Office of Management and Budget (OMB) memorandum M-16-21. The Government Accountability Office (GAO) released a report titled “Information Technology: DOD Needs to Fully Implement Program for Piloting Open Source Software.” This report found that DOD has not fully implemented an open source software pilot program and related policy requirements. For the requirement of securing data rights and inventory code, DOD issued a memorandum that directs contracting officers to secure data rights and to identify all source code created after August 2016. However, DOD’s components have not executed these activities nor has DOD identified a milestone for when they will be completed. Read the full report here.

LABOR & EMPLOYMENT LAW

NLRB Adopts Contract Coverage Standard for Determining Whether Unilateral Changes Violate NLRA
The National Labor Relations Board (NLRB) adopted the “contract coverage” standard for determining whether a unionized employer’s unilateral change in a term or condition of employment violates the National Labor Relations Act (NLRA). In doing so, NLRB abandoned the “clear and unmistakable waiver” standard, which has been rejected by several federal courts of appeals, notably including the Court of Appeals for the District of Columbia Circuit, which has plenary jurisdiction to review NLRB rulings. The decision is M.V. Transportation, Inc. Under the “contract coverage” or “covered by the contract” standard, NLRB will examine the plain language of the parties’ collective-bargaining agreement to determine whether the change made by the employer was within the compass or scope of contractual language granting the employer the right to act unilaterally. If it was, NLRB will honor the plain terms of the parties’ agreement, and the employer will not have violated the National Labor Relations Act by making the change without bargaining. Read more here.

Actions Needed to Improve Planning for Center Operation Contracts
The Department of Labor’s (DOL) Job Corps program helps low-income youth obtain various skills, including those needed to find a job. Its centers are operated mostly by contractors. GAO released a report titled “Job Corps: Actions Needed to Improve Planning for Center Operation Contracts.” This report reviews DOL’s use of bridge contracts at these centers. Such contracts can prevent a lapse in service after a contract ends. However, in certain circumstances, they may increase the risk of government overpaying. The report found that 68 contractor-run centers operated under bridge contracts during program year 2016, but use of bridge contracts decreased substantially the next year. GAO recommends that DOL better plan for awarding center contracts. Read the full report here.

Related Labor & Employment Law Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our latest episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live on August 19th. [Read More]

EVENT: Clearing a DOL Audit,September 25, 2019, Speakers: Nichole Atallah andSarah Nash. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business,October 15, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

GOVERNMENT CONTRACTS LAW

5 Things Government Contractors Should Know About Task Order Protests, September 11, 2019, Michelle Litteken
With the fiscal year coming to a close, federal agencies are issuing notices of award and disappointed offeror letters. Because of the push toward category management and the growth in government-wide acquisition contracts and indefinite delivery, indefinite quantity contracts, many of the procurements involve task orders. Although a task order may be similar to a contract in many respects, the rules that apply to protesting the award of a task order are different. Understanding these rules is essential for any government contractor competing for task order awards. Here are five things contractors should know about task order protests. [Read More]

Request to Review Revision and Renewal of Information Collection Requirement Submitted
DOD, the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a notice that submits an information collection requirement regarding changes, change order accounting, and notification of changes to OMB for review and approval. The information collection title is titled “Changes, Change Order Accounting, and Notification of Changes.” This clearance covers the information that contractors must submit to comply with Federal Acquisition Regulation (FAR) part 43 requirements. For acquisitions exceeding the simplified acquisition threshold for dismantling, demolition, or removal of improvements; and constructions, under a fixed-price contract, the contractor must assert its right to an adjustment under this clause within 30 days after receipt of a written change order or the furnishing of a written notice, by submitting to the contracting officer a written statement describing the general nature and amount of proposal, unless this period is extended by the government. Additionally, the contractor, for each change or series of related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocated credits) of work, both changed and not changed, allocable to the change. The contractor shall maintain these accounts until the parties agree to an equitable adjustment or the matter is conclusively disposed of under the Disputes clause. Lastly, under these new requirements, if a negotiated research and development or supply contract for the acquisition of major weapon systems or principal subsystems is expected to be $1,000,000 or more, the contractor shall notify the Administrative Contracting Officer in writing if the contractor identifies any government conduct (including actions, inactions, and written or oral communications) that the contractor regards as a change to the contract terms and conditions. Read the published version here.

DOE Has No Assurance That It Took Best Procurement Approach
The Economy Act of 1933 provides authority for federal agencies to acquire goods and services through interagency agreements, if those goods or services cannot be provided as conveniently or at a lower price by commercial enterprises. DOE can enter into two types of agreements: interagency acquisitions and interagency transactions. In both cases, the servicing agency may charge a fee for assistance, such as a percentage of the contract value or an itemized charge for services. In some cases, DOE enters into agreements on behalf of the management and operating contractors that manage its sites. Between fiscal years 2012 and 2017, DOE paid approximately $9.7 billion to other agencies, and the Office of Inspector General initiated an audit to determine whether DOE’s use of interagency agreements complied with applicable regulations and DOE policies. DOE’s Office of Inspector General has released a report titled “Audit Report: DOE-OIG-19-46.” This report determined that DOE has not fully complied with applicable regulations, since—without adequate acquisition planning—DOE may not have acquired goods and services as conveniently or economically as possible by using interagency agreements instead of using a commercial enterprise. Read the full report here.

FAC Final Rules Summary Released
DOD, GSA, and NASA issued a summary presentation of FAR rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in the Federal Acquisition Circular (FAC) 2019-06.

  • Item I adopts an interim rule published on June 15, 2018, that prohibits the use of hardware, software, and services developed or provided, in whole or in part, by Kaspersky Lab, a Russian cybersecurity company. The rule also requires contractors to report any such hardware, software, or services discovered during contract performance.
  • Item II removes an obsolete requirement for 8(a) contractors to obtain written approval from the Small Business Administration (SBA) and the contracting officer before subcontracting the performance of any contract requirements.
  • Item III is a final rule that establishes the Contract Performance Assessment Reporting System as the official system for past contract performance information, and replaces the Past Performance Information Retrieval System.
  • Item IV is a final rule that adds Australia as a new World Trade Organization Government Procurement Agreement country.

Read the published version here.

PPIRS References Removed from DFARS
DARS issued a final rule amending the DFARS to update references to the Past Performance Information Retrieval System (PPIRS) for past performance information and replace with Contractor Performance Assessment Reporting System (CPARS) to implement changes following the official retirement of PPIRS and subsequent merger with the CPARS effective January 15, 2019. This rule also amends the DFARS to replace references to “Past Performance Information Retrieval System-Statistical Reporting” with “Supplier Performance Risk System” and update the associated web addresses. Read the published version here.

Related Government Contracts Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

SBA Accepting Nominations for National Small Business Week Awards
SBA is now accepting nominations for its 2020 National Small Business Week Awards, including the annual Small Business Person of the Year. For more than 50 years, National Small Business Week has celebrated the inspiring achievements of America’s small businesses and the countless contributions they make to their local communities, and to our nation’s economy. SBA Awards given in celebration of National Small Business Week from May 3–9, 2020. Visit SBA’s website to nominate a deserving small business owner, and learn more here.

SBA Submits Proposed Reporting and Recordkeeping Requirements to OMB
SBA issued a notice submitting proposed reporting and recordkeeping requirements to the OMB for review and approval. The Emerging Leaders Initiative aims to assist established small businesses located in historically challenged communities with increasing their sustainability, attracting outside investment, and strengthening each community’s economic base by creating jobs and providing valuable goods and services. SBA conducts annual performance-monitoring activities to assess the short- and intermediate-term outcomes of participants in the Emerging Leaders Initiative. SBA uses three survey instruments to collect the assessment information from the participants in each training cohort. Read the published version here.

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Weekly Update for Government Contractors and Commercial Businesses - September 10, 2019

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GOVERNMENT CONTRACTS LAW

Late Is Late—Even on the GSA Schedule, September 9, 2019, Katie Flood
In a recent blog, we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation among government contractors. However, the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) have consistently held that it is proper for an agency to reject a late offer, even if the offer is only slightly late. Recently, COFC applied this rule to a General Services Administration (GSA) Schedule purchase—specifically in Criterion Systems, Inc. v. United States, in which the court held that an offer that was a mere 90 seconds late, was too late to be considered for award. No matter the type of procurement or the agency involved, government contractors should be careful to submit all their materials ahead of the deadline. [Read More]

5 Things Government Contractors Should Know About Enhanced Debriefings, September 5, 2019, Michelle Litteken
With the end of the fiscal year approaching and the frequency of contract awards increasing, many government contractors will be focusing on post-award debriefings. The Department of Defense (DOD) implemented enhanced post-award debriefings last year, and contractors often have questions about the process. Here are five things contractors should know about enhanced debriefings, which can be beneficial to a government contractor before becoming involved in a bid protest. [Read More]

Department of Defense – DOD, GSA, and the National Aeronautics and Space Administration (NASA) submitted a notice to the Office of Management and Budget (OMB) requesting to review and approve a revision and renewal of a previously approved information collection requirement concerning limitation of costs/funds. In accordance with Federal Acquisition Regulation (FAR) 52.232-20 and 52.32-22, firms performing under fully funded or incrementally funded cost-reimbursement federal contracts are required to notify the contracting officer in writing whenever they have reason to believe that either the costs the contractors expect to incur under the contracts in the next 60 days will exceed 75 percent of the estimated cost of the contracts or that the total cost for the performance of the contracts will be greater or substantially less than estimated. As part of the notification, the contractors must provide a revised estimate of total cost. The frequency of this collection of information is variable, contingent upon both funding and spending patterns. Read the published version here.

Government Accountability Office – GAO released a report titled “Defense Management: Observations on the Department of Defense’s (DOD) Business Reform Efforts and Plan.” Section 921 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 required the Secretary of Defense, acting though the Chief Management Officer, to submit to the congressional defense committees a plan, schedule, and cost estimate for reforms of the DOD’s enterprise business operations to increase effectiveness and efficiency of mission execution. This report assesses the feasibility of the plan submitted, and found that it contained the required schedule and cost estimates to reform certain business operations, such as logistics, human resources, and contracting. However, many of its initiatives are preliminary, making it hard to assess the feasibility of future reforms. Additionally, the GAO could not validate DOD’s claims of cost savings related to business reforms it has already made. Read the full report here.

Government Accountability Office – GAO released a report titled “Challenges and Policy Considerations Regarding Offshoring and Foreign Investment Risks.” This report describes (1) the factors that affect analysis of foreign direct investment and offshoring related to DOD’s supplier base, and (2) the benefits and risks to the U.S. defense supplier base associated with foreign direct investment and offshoring and policy considerations to address those risks. Panelists convened for the report noted that offshoring can lower costs and provide better access to foreign workers and markets. When companies that offshore contract with DOD, they can pass those benefits along. Foreign investment can help U.S. companies grow.

The panelists also outlined some of the risks of relying on a globalized supply chain. Specifically:

  • Intellectual property—Foreign investors in U.S. companies can get access to the sensitive technologies those companies develop. When those investors are from the nation's strategic competitors (such as China or Russia), technology transfer is a concern.
  • Domestic production—If the United States sends too much production abroad, the skills of the nation's own workforce can erode.
  • Source materials—DOD relies on foreign suppliers for parts and materials such as rare earth metals that are crucial to many weapon systems. Geopolitical conflicts can compromise access to foreign supplies to meet current and future needs.

Panelists highlighted ways to reduce these risks, such as by sharing information with U.S. companies on specific risks related to foreign suppliers. Read the full report here.

Government Accountability Office – GAO released a report titled “Steps Needed to Identify Acquisition Training Needs for Non-Acquisition Personnel.” This report addresses the extent to which DOD can identify (1) non-acquisition personnel supporting acquisitions, and (2) their need for acquisition training. The report found that DOD has identified some of the non-acquisition personnel performing certain acquisition-related duties, but has not made as much progress identifying those involved in services acquisitions. DOD also has not comprehensively considered the acquisition-related training needs for non-acquisition personnel. Read the full report here.

Related Government Contracts Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

FALSE CLAIMS ACT

Department of Justice – The Long Island aerospace and defense contractor Arkwin Industries, Inc. agreed to pay a $2.6 million settlement to the United States after self-disclosing overbilling of the government and its prime contractors. Arkwin detected an error in its accounting systems that had double-counted worker hours spent performing inspections of its products. Arkwin then self-disclosed the discovery to the United States and undertook an internal investigation by outside counsel and a forensic accounting team. After concluding its investigation, Arkwin reported its findings. Read more here.

Related False Claims Act Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our latest episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live on August 19th. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

LABOR & EMPLOYMENT LAW

Department of Labor – The Employee Benefits Security Administration issued a notice announcing the 198th meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans. The meeting will be held as a teleconference on September 25, 2019, and take place at the Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210 in C5515 Room 2. The meeting will run from 10:00 a.m. to approximately 4:00 p.m. The purpose of the meeting is to discuss reports/recommendations for the Secretary of Labor on the issues of: (1) Beyond Plan Audit Compliance: Improving the Financial Statement Audit Process and (2) Permissive Transfers of Uncashed Checks from ERISA Plans to State Unclaimed Property Funds. Read the published version here.

Department of Labor – The Office of Federal Contract Compliance Programs (OFCCP) announced guidance clarifying affirmative action program development for academic institutions and other contractors with campus-like settings, and advancing the White House Initiative on Historically Black Colleges and Universities (HBCUs). OFCCP also issued a complementary policy directive limiting compliance reviews of academic institutions to non-student employees. "The Department of Labor is committed to fulfilling the White House's promise to HBCUs, and providing quality guidance and assistance that aids contractors in meeting their legal requirements," said Acting Secretary of Labor Patrick Pizzella. "At the same time, the new compliance review directive recognizes that student workers have a unique relationship with academic institutions. Read more here.

National Labor Relations Board – Law360 reported that DuPont did not violate the National Labor Relations Act by making changes to retirees' medical benefits without negotiating with their unions, a divided National Labor Relations Board (NLRB) panel said in a decision overturning an agency judge's ruling. NLRB Chairman John Ring and member Marvin Kaplan said that language in plan documents giving the company the unilateral right to change benefits is effective even though its collective bargaining agreements with the International Brotherhood of Dupont Workers locals no longer reference the plan. "The decision takes from these unions the right to require their employer to bargain over the employer's elimination of retirement benefits — benefits that the employees represented by these unions have received for many years," said Kenneth Henley, who represents the unions.

Related Labor & Employment Law Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our latest episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live on August 19th. [Read More]

EVENT: Clearing a DOL Audit, September 25, 2019, Speakers: Nichole Atallah and Sarah Nash. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

Late Is Late—Even on the GSA Schedule, September 9, 2019, Katie Flood
In a recent blog, we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation among government contractors. However, GAO and COFC have consistently held that it is proper for an agency to reject a late offer, even if the offer is only slightly late. Recently, COFC applied this rule to a GSA Schedule purchase—specifically in Criterion Systems, Inc. v. United States, in which the court held that an offer that was a mere 90 seconds late, was too late to be considered for award. No matter the type of procurement or the agency involved, government contractors should be careful to submit all their materials ahead of the deadline. [Read More]

Department of Defense – DOD, GSA, and NASA issued a notice inviting the public to comment upon a request to review and approve a revision and renewal of a previously approved information collection requirement concerning quality assurance requirements. Supplies and services acquired under government contracts must conform to the contract’s quality and quantity requirements. FAR part 46 prescribes inspection, acceptance, warranty, and other measures associated with quality requirements. Standard inspection clauses require the contractor to provide and maintain an inspection system that is acceptable to the government; give the government the right to make inspections and test while work is in progress; and require the contractor to keep complete, and make available to the government, records of its inspection work. Read the published version here.

Department of Veterans Affairs – The VA issued a notice amending and updating its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the FAR, to remove procedural guidance internal to VA into the VA Acquisition Manual (VAAM), and to incorporate any new agency specific regulations or policies. VA is amending regulations for VAAR Case RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting. This amendment revises the table at 201.106 to reflect the addition of the new VAAR clause 852.237-73, Crime Control Act—Requirement for Background Checks and the corresponding new OMB control number 2900-0863. It also removes 815.303, Responsibilities, and 815.304, Evaluation factors and significant subfactors, and moves them to the VAAM as they contain procedural guidance that is internal to the VA. Read the published version here.

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EVENT: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

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Weekly Update for Government Contractors and Commercial Businesses - September 4, 2019

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SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

Small Business Administration – SBA issued a rule extending the 504 Loan Program Rural Initiative Pilot Program (504 Rural Pilot) through September 30, 2021. The 504 Rural Pilot authorizes Certified Development Companies to make 504 loans for projects in rural counties located in their SBA Region. Read more here.

Congressional Research Service – CRS has released a report examining the SBA’s veteran business development programs, the SBA’s efforts to assist veterans’ access to capital, and the SBA’s veteran contracting programs. Entitled “SBA Veterans Assistance Programs: An Analysis of Contemporary Issues,” the CRS report also describes employment assistance programs offered by several other federal agencies to assist veterans in their transition from the military to the civilian labor force. Read the full report here.

Small Business Administration – SBA granted 24 awards up to $125,000 per recipient in Fiscal Year (FY) 2019 under its Federal and State Technology (FAST) Partnership Program. FAST’s objective is to improve outcomes for underrepresented entrepreneurs in SBA’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs and increase participation for women-owned, rural-based, and socially and economically disadvantaged firms. FAST provides specialized training, outreach, mentoring, and technical assistance for research and development focused small businesses. The program provides one-year funding to organizations to execute state/regional programs that support potential SBIR applicants and awardees. Read more here.

Congressional Research Service – CRS released a report titled “Small Business Administration: A Primer on Programs and Funding.” The report provides an overview of SBA’s programs, including entrepreneurial development programs, disaster assistance, capital access programs, contracting programs, regional and district offices, the Office of the Inspector General, the Office of Advocacy, and capital investment programs. Read the full report here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

EVENT: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 6, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

FALSE CLAIMS ACT

Building Compliance: Construction Industry Concerns Under FCA, August 28, 2019, Sarah Nash
The Department of Justice has settled and obtained judgments in excess of $2.8 billion for false claims against the government last year. Over $2.1 billion of these cases arose from lawsuits filed under the qui tam provisions of the False Claims Act (FCA) which incentivizes whistleblowers to file claims. Government contractors in the construction industry – both primes and subcontractors – face a higher risk of FCA liability because of the complicated nature of construction contracts and prevailing wage obligations. Below we discuss the top FCA issues facing construction contractors and protection strategies for avoiding them. [Read More]

Cybersecurity Meets the FCA: What the Chinese Telecom Ban Means for Government Contractors, August 27, 2019, Peter Ford
Government contractors are required to comply with a new set of prohibitions on telecommunications equipment acquired from certain Chinese companies, and they may face False Claims Act liability since the prohibitions require certification that they have not used prohibited products. These prohibitions come from the John S. McCain National Defense Authorization Act for FY 2019, which contains a number of provisions intended to keep U.S. government funds from moving to Chinese government-owned corporations. Section 889 in particular lists companies the Chinese government owns that are now prohibited sources of supply for telecommunications equipment. Effective August 13, 2019, these prohibitions are incorporated into the FAR in Subpart 4.21. [Read More]

Related False Claims Act Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which will include commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our next episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live the week of August 19th. [Read More]

LABOR & EMPLOYMENT LAW

Department of Labor – DOL issued a final rule that makes two procedural changes to its Workforce Innovation and Opportunity Act (WIOA) Job Corps regulations to enable the Secretary of Labor to delegate procurement authority as it relates to the development and issuance of requests for proposals for the operation of Job Corps centers, outreach and admissions, career transitional services, and other operational support services. DOL is amending two provisions of 20 CFR part 686, which implements subtitle C of title I of WIOA. Through these amendments, DOL is aligning these regulatory provisions with the language in WIOA by broadening the authority to issue contract solicitations from the Employment and Training Administration to the Secretary of Labor. Read the published version here.

Department of Labor – DOL issued a final rule that amends three definitions in the DOL Acquisition Regulation (DOLAR) in order to provide the Secretary of Labor greater flexibility and a streamlined procedure to delegate procurement authority and appoint procurement officials. Currently, the definitions section of DOLAR delegates the Secretary’s procurement authority to certain specified DOL officials. The changes would remove some of those specific designations, allowing the Secretary to delegate the Secretary’s procurement authority and assign roles and responsibilities related to procurement through internal guidance, without the need to revise the DOLAR. Read the published version here.

Related Labor & Employment Law Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which will include commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our next episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live the week of August 19th. [Read More]

EVENT: Clearing a DOL Audit, September 25, 2019, Speakers: Nichole Atallah and Sarah Nash. [Read More]

CYBERSECURITY & DATA PRIVACY

Centers for Medicare and Medicaid Services – CMS contracted with Guidehouse, LLP (Guidehouse) to evaluate the information security programs of Medicare administrative contractors (MACs), using a set of agreed-upon procedures. Guidehouse’s evaluations of the contractor information security programs were adequate in scope and sufficiency. Guidehouse reported a total of 112 gaps at the 7 MACs for FY 2018, which was 26 percent more than the number of gaps for the same 7 contractors in FY 2017. The increase was due in part to the addition of database and web server testing. Read the full report here.

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

EVENT: Legal and Practical Perspectives on Mergers & Acquisitions, September 5, 2019, Speakers: Jon Williams and Kathryn Hickey. [Read More]

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

GOVERNMENT CONTRACTS LAW

Department of Defense – DoD’s Office of Inspector General (OIG) issued an audit report to determine whether the Defense Health Agency (DHA) paid higher prices than necessary for TRICARE health care services and equipment where it did not establish or use existing TRICARE maximum allowable reimbursement rates. A TRICARE maximum allowable reimbursement rate is the payment ceiling for reimbursement to providers. OIG determined that DHA regularly paid more than other pricing benchmarks for services and equipment where it did not establish or use existing TRICARE maximum allowable reimbursement rates. Specifically, DHA paid more than other pricing benchmarks for vaccines, contraceptive systems, compression devices, oral appliances, costs associated with the installation of medical equipment, and stem cell acquisition provided to TRICARE beneficiaries in the three TRICARE regions in 2017. Read the full report here.

General Services Administration – GSA issued a formal 30-day advance notice of its intention to modernize federal acquisition by consolidating the agency’s current 24 Multiple Award Schedules (MAS) into one single Schedule for products and services. GSA first announced plans to consolidate the MAS program in November 2018 and is on track to meet the agency’s planned deadline of creating and releasing a new solicitation with one easy-to-understand set of terms and conditions by the end of FY 2019. Read more here.

Department of Commerce – Bloomberg Government reports that DoC’s Acquisition and Grants Office posted a request for proposals for staff support services that will be worth a potential $151 million. The acquisition will be a set-aside for Service-Disabled Veteran-Owned Small Businesses and Historically Underutilized Business Zones. DoC says it plans on using multiple indefinite-delivery/indefinite-quantity contracts that will cover five years with no option years. The solicitation has been updated several times, and the response deadline is set for September 12, 2019.

Department of Defense – DoD issued a notice proposing to extend the collection of information for DFARS 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States. The clause in this DFARS regulation requires contractors and subcontractors performing private security functions in designated operational areas outside the United States to comply with 32 CFR 159 and any orders, directives, and instructions contained in the contract. Geographic combatant commanders use the information reported by private security contractors on security incidents in order to properly account for and track contractor personnel and assets in theater and to respond to security incidents as deemed necessary. Comments are due by September 30, 2019. Read the published version here.

Related Government Contracts Law Presentations by PilieroMazza

EVENT: Forming CTAs on GSA Schedules, September 5, 2019, Speaker: Katie Flood. [Read More]

EVENT: Legal and Practical Perspectives on Mergers & Acquisitions, September 5, 2019, Speakers: Jon Williams and Kathryn Hickey. [Read More]

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 6, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

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