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Upcoming Events: Register to attend PilieroMazza’s upcoming events here. Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here. Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here. |
SBA Proposed Material Changes to HUBZone Program Impacts Eligibility, PilieroMazza Client Alert, Meghan F. Leemon, Emily A. Reid
As PilieroMazza noted recently here, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, including those that are participants in or seeking to be admitted to the Historically Underutilized Business Zones (HUBZone) Program. PilieroMazza is posting a series of client alerts regarding SBA’s proposed rulemaking. This alert highlights some of the proposed changes pertaining specifically to the HUBZone Program that will impact small business government contractors and their contracting partners. Read more here.
SBA Proposes Substantive Changes to Negative Control and Unconditional Ownership and Control Considerations Across Socioeconomic Programs: Key Considerations and Takeaways, PilieroMazza Client Alert, Meghan F. Leemon
As PilieroMazza noted recently here, the Small Business Administration (SBA) released a proposed rulemaking that will impact government contractors. This client alert discusses a major proposed change that would significantly impact any small business that has a minority shareholder or investor. While the proposed rule also aims to create uniformity across SBA’s socioeconomic programs—including the 8(a) Business Development, Women-Owned Small Business (WOSB), and Service-Disabled Veteran-Owned Small Business (SDVOSB)—the proposed rule looks to undo years of case law and seriously impacts what it means to control a company and qualify as a small business for purposes of doing business with the federal government. Read more here.
Bipartisan Deal Looks to Punt Shutdown Threat Into December, Government Executive
Congressional leaders have reached a deal to keep federal agencies funded through mid-December, announcing plans to vote this week on a bill to avert a shutdown that would otherwise take place next week. Read more here.
Small Business Administration (SBA): Clarification to HUBZone Program Updates and Potential Reforms
On September 19, SBA published a clarification to a proposed rule and request for comments. On August 23, 2024, SBA published a proposed rule and request for comments regarding significant changes to its small business programs. This clarification emphasizes, “The proposed rule does not address the exclusion from affiliation available to mentor-protégé joint ventures or the applicability of the HUBZone price evaluation preference to HUBZone joint ventures formed under the Mentor-Protégé Program. Those issues are outside the scope of the proposed rule.” The clarification is available here. The proposed rule is available here. Comments on the proposed rule will close October 7, 2024
Small Business Administration (SBA) Press Release: SBA Administrator Isabel Casillas Guzman and FTC Chair Lina Khan Discuss How to Enhance Small Business Competitiveness
On September 16, SBA summarized its fireside chat with FTC to increase competition in government contracting for small businesses. The government has broken small business contracting records for three years, with 28.4% of all contracting dollars awarded to small businesses in Fiscal Year 2023. The SBA’s historic rulemaking simplifying its loan programs has also led to a doubling of small-dollar loans under the agency’s signature 7(a) loan program. Read more here.
State Department Wants to See ‘A Lot More’ Self-Assessments from Vendors, Federal News Network
While self-assessments have emerged as a potential solution to the challenges of the contractor performance assessment ratings reporting process, Michael Derrios, the senior procurement executive at the State Department, said vendors rarely submit their self-assessments. “Little to none,” Derrios said when asked what percentage of CPARS include vendor self-assessments. “It’s an incredibly underutilized tool. We would love to see more of it.” Read more here.
GSA’s FAS Streamlining Federal Procurement by Updating GSA Advantage, Improving UX, Reducing PALT, Federal News Network
GSA’s Federal Acquisition Service is on the front lines of federal procurement, making the processes easier for acquisition professionals, agencies, and vendors. In the battle to modernize and streamline federal procurement, the General Services Administration is on the front lines and in the trenches. As more public policy objectives make their way into the world of acquisition — supply chain, cybersecurity, sustainability, domestic and socioeconomic sourcing requirements, to name a few — GSA is trying to bake those into acquisition vehicles up front so agencies have an easier time complying. Read more here.
Bipartisan Bill Would Boost Acquisition Council’s Authority, Law360
A bipartisan group of House lawmakers has introduced a bill to boost a federal advisory council that makes recommendations for mitigating risks within federal supply chains, giving the council more funding and the ability to issue binding removal orders for risky technologies. Read more here (subscription required).
Upcoming Government Contract Presentations
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 2: Construction and Workforce Issues, October 1, 2024, Matthew E. Feinberg, Jessica A. duHoffmann, Sarah L. Nash
EVENT: NVSBC Huntsville Engagement Breakfast, October 3, 2024, Isaias “Cy” Alba, IV, Nichole D. Atallah
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations, October 10, 2024, Matthew E. Feinberg, Mark F. Rosenow
WEBINAR: Requests for Equitable Adjustment: Optimizing Recovery from Changes to Government Contracts, October 10, 2024, Lauren Brier
TRAINING: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, October 16, 2024, Katherine B. Burrows, Daniel Figuenick, III
TRAINING: Joint Venture and Mentor-Protege Bidding Strategies, October 17, 2024, Peter B. Ford, Meghan F. Leemon
CONFERENCE: What’s New in GovCon? Important Legal Updates for Government Contractors, October 30, 2024, Isaias “Cy” Alba, IV
Congressional Committees Tackle Bills Governing Telework, Marijuana and Labor Unions, Government Executive
While a Senate panel advanced bills improving telework data reporting by federal agencies and codifying the end of the restriction on federal employees’ past use of marijuana, its House counterpart advanced controversial bills aimed at busting federal employee unions and adding leading questions to the Federal Employee Viewpoint Survey. Read more here.
Employees at Latin American aid agency vote to unionize, Government Executive
Workers at the Inter-American Foundation almost unanimously voted to join the American Federation of Government Employees last week amid claims of no in-house human resources and an undermanned staff. Read more here.
Upcoming Labor & Employment Presentations
PM TRAINING: ABCs of the SCA: Critical Path Service Contract Act Training for Government Contractors, October 22, 23, and 24, 2024, Nichole D. Atallah, Sarah L. Nash
NATIVE AMERICAN LAW & TRIBAL ADVOCACY
Treasury Proposes Rules Defining Tax-Exempt Tribal Benefits, Law360
Treasury and the Internal Revenue Service released proposed rules that would define what qualifies as tribal welfare benefits exempt from taxable income. Read more here (subscription required). The proposed rule is available here.
Upcoming Mergers & Acquisitions Presentations
PM WEBINAR: Navigating M&A in the Manufacturing Industry: Strategies for Success, October 17, 2024, Isaias “Cy” Alba, IV
Ahead of CMMC Rollout, Pentagon Preps CUI Training, Tools, Federal News Network
The Pentagon is developing training and tools to ensure its program managers know when and how to mark sensitive information that will trigger Cybersecurity Maturity Model Certification (CMMC) requirements. Read more here.
CISA Issues Guide To Help Federal Agencies Set Cybersecurity Priorities, Government Executive
The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency released guidance to help federal government civilian agencies reduce their cybersecurity risks. The guidance comes as federal civilian agencies are closing in on zero trust deadlines looming at the end of the current fiscal year. Read more here.
DLA Turns to Automation for Head-Start on Incorporating CMMC Requirements In Contracting, Federal News Network
Defense contractors aren’t the only ones preparing for the launch of the Cybersecurity Maturity Model Certification 2.0. The Defense Logistics Agency is in the process of automating some of its contracting systems, including verifying a contractor’s compliance with the National Institutes of Standards and Technology’s Special Publication 800-171. This is a step in the direction of implementing the new CMMC proposed rule, released last month, which would incorporate CMMC requirements into contracts and solicitations once finalized. Read more here.
Department of Housing and Urban Development (HUD) Final Rule
- Manufactured Home Construction and Safety Standards (MHCSS): On September 16, HUD published a final rule amending the Federal MHCSS. The final rule makes numerous clarifications and revisions to the standards following the public comment period in July 2022. HUD has been considering the recommendations since August 2002. The rule is available here and will be effective March 17, 2025.
- Modernizing the Delivery of Housing Counseling Services: On September 16, HUD published a final rule which amends HUD’s regulations to allow housing counseling agencies to use alternative communication methods, including virtual meeting tools, in lieu of providing in-person services. Participating agencies that choose not to provide in-person services are required to refer clients to local providers that provide such services, when requested. The rule is available here and will be effective October 16, 2024.
LITIGATION & DISPUTE RESOLUTION
Judiciary Panel Dems Endorse Amicus Funding Disclosure, Law360
A plan to overhaul required financial disclosures in appellate amicus briefs has generated strong early reaction, including from two key congressional Democrats who endorsed the proposals. Read more here (subscription required).