A government contractor’s past performance can spell the difference between proposal rejection and contract award, and agencies are given broad discretion in how they evaluate past performance. It is critical that companies working with the federal government understand not only what steps they should take to utilize and cultivate positive past performance, but also the steps they should take to defend it. We recently gave a webinar on these topics and received several follow-up questions. Below we address the top . . . Read More
One of the most overlooked compliance requirements for set-aside contracts are the limitations on subcontracting. Don’t take my word for it—GAO has noted in several reports that contracting officers generally do not monitor or enforce the requirement that the small business prime contractor must self-perform a certain percentage of the contract. The limitations on subcontracting requirements are critical to the efficacy of the small business programs. Indeed, the goals of the programs are not served if small businesses do not . . . Read More
If you have questions concerning the content below, please visit this link . CLIENT ALERT: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know, December 3, 2019, Sam Finnerty On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will implement several provisions of the National Defense Authorization Acts (NDAA) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015, as well as other clarifying amendments. As . . . Read More
Effective January 6, 2020, SBA will change the period of measurement for receipts-based size calculations from three years to five years. This change is the result of the Small Business Runway Extension Act of 2018 and SBA’s final rulemaking on December 5, 2019. This is a long-awaited change and will have far-reaching impacts for government contractors. Importantly, SBA is adopting a two-year transition period, until January 6, 2022, during which firms may choose to use either the current three-year calculation or the new . . . Read More
In keeping with its commitment to offer more technical guidance for government contractors across all industries, the Office of Federal Contract Compliance Programs (OFCCP) recently published its Technical Assistance Guide (the Guide) for construction contractors. The OFCCP released the Guide as a self-assessment tool to help contractors review the equal employment opportunity practices they have in place. Using this tool, and fixing issues it might reveal, may help construction contractors avoid potential investigation and interruption to their business operations. For . . . Read More
If you have questions concerning the content below, please visit this link . Client Alert: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know, December 3, 2019, Samuel Finnerty On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will implement several provisions of the National Defense Authorization Acts (NDAA) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015, as well as other clarifying amendments. As . . . Read More
Firms that participate in the U.S. Small Business Administration (“SBA”) 8(a) program operate in a highly regulated environment. For years, 8(a) firms were required to seek approval, or “consent to subcontract,” from contracting officers and SBA to subcontract work on an 8(a) contract. In September, with little fanfare, the Federal Acquisition Regulatory Council removed the consent-to-subcontract requirement from two Federal Acquisition Regulation (“FAR”) clauses (FAR 52.219-12 and 52.219-17), which are supposed to be incorporated in all 8(a) contracts. According to . . . Read More
Effective December 26, 2019, the Small Business Administration (SBA) will implement final rules overhauling regulations for the Historically Underutilized Business Zone Program (HUBZone Program). The new rules will (1) offer HUBZone firms reduced regulatory burdens, (2) help government agencies by eliminating ambiguities in the regulations, and (3) make it easier for HUBZone firms to understand and comply with Program requirements. Below is a practical guide on how the final rules will impact the business goals of government contractors in the HUBZone Program. . . . Read More
PilieroMazzapreviously wrote at some length about the Cybersecurity Maturity Model Certification (CMMC), particularly following release of revision (rev.) 0.4 for public comment. The Department of Defense (DoD) has now released rev. 0.6 for public comment and review. Rev. 0.6 incorporates the public comments resulting from review of rev. 0.4 and, pursuant to those comments, has significantly streamlined the requirements present in rev. 0.4. [1] DoD government contractors will need to prepare for the implementation of CMMC in order to use their compliance as a competitive edge. . . . Read More
MCLEAN, VA, NOVEMBER 25, 2019: Attorneys from a cross-section of PilieroMazza ’s core practice groups—including Business & Transactions Law and Government Contracts Law —assisted client BWM Outcomes, LLC (“BWM”), a provider of cybersecurity and intelligence analysis services, in its acquisition by Intrepid Solutions and Services, Inc. (“Intrepid”), a portfolio company of Bluestone Investment Partners, LLC (“Bluestone”), a McLean, Virginia-based private equity firm. BWM was founded by Ms. Jacqueline Bahe who before starting BWM served in the United States armed forces as a Communications and Intelligence Officer in the Marine Corps and an Intelligence Officer in the Navy. Ms. Bahe will join . . . Read More
