CVE’s SDVOSB and VOSB Verification to Transfer to SBA January 1, 2023
The U.S. Department of Veterans Affairs (VA) has announced that the functions of its Center for Verification and Evaluation (CVE) will be fully transferred to the U.S. Small Business Administration (SBA) on January 1, 2023. The CVE certifies service-disabled veteran-owned small businesses (SDVOSB) and veteran-owned small businesses (VOSB) to compete for set-aside and sole-source contracts under the VA’s Veterans First Contracting Program, which—with some exceptions—currently operates independently of SBA’s SDVOSB program. This transfer will eliminate the VA’s separate SDVOSB and VOSB . . . Read More
Requests for Equitable Adjustment Versus Claims: Which Should Contractors Pursue?
Government contractors in various industries encounter increased costs and / or delays caused by the government while performing government contracts. For instance, a contractor may have increased costs in performing a contract as a result of compliance with new COVID-19 requirements imposed by the government that were not included in the original contract. Or, a construction contractor may be required by the contracting officer to perform additional work that is outside the scope of the contract. Likewise, a construction contractor . . . Read More
GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members
In a recent decision , the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility clearance (FCL), which is prohibited by the National Defense Authorization Act (NDAA) of 2020 and U.S. Small Business Administration (SBA) regulations. This decision has significant implications for JVs pursuing classified contracts and underscores the value of protests as a useful procurement tool for government contractors. Background . . . Read More
Sovereign Acts Doctrine: New Government Defense Tactic Against COVID-Related Claims and REAs
With the rise in COVID-19 cases due to the Delta variant, government contractors and the government agencies they work with may also see a rise in COVID-related claims and requests for equitable adjustment (REAs) linked to their contracts. In this blog, PilieroMazza reviews a key government defense tactic, the Sovereign Acts Doctrine (the Doctrine), that contractors should be aware of to help them better prepare before filing a claim or REA. What is the Sovereign Acts Doctrine? The Doctrine provides . . . Read More
Proposed Rule Seeks to Strengthen Impact of Buy American Act – 6 Key Takeaways
On January 25, 2021, President Biden signed an Executive Order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” (Executive Order). As PilieroMazza previously explained , the Executive Order directed that a number of actions be taken in furtherance of the Biden administration’s overarching policy to maximize the procurement of goods, products, and materials from sources that will help American businesses compete in strategic industries and help American workers thrive. This included a direction for . . . Read More
Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform
The Federal Acquisition Regulatory Council (FAR Council) recently issued a final rule on August 11, 2021, updating the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule to more closely mirror the U.S. Small Business Administration’s LOS regulation. However, inconsistencies between the two sets of regulations remain. To bridge the divide, on August 13, 2021, the Civilian Agency Acquisition Council (CAAC) released a memorandum authorizing civilian agencies to issue FAR class deviations adopting certain exceptions to the LOS requirements for small . . . Read More
CIO-SP4 Amendment 7: Major Changes for Small Business and Large Business Prime / Subcontractor Teams
The National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) just issued major changes to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request for Proposals (RFP) under Amendment 7 to the RFP. These changes will impact both small and large business teams who intend to rely on subcontractors (i.e. FAR 9.601(2) Contractor Team Arrangement (CTA) members). For small business teams, Amendment 7 clarifies that only first-tier subcontractors can be used for purposes of meeting the requirements for . . . Read More
What Does Bill Cosby’s Overturned Conviction Mean for Your Fifth Amendment Rights Against Self-Incrimination?
The Supreme Court of Pennsylvania recently overturned Bill Cosby’s 2018 conviction for crimes of sexual assault. Most have focused on the justness of this outcome. But the court’s 79-page opinion also has implications for how witnesses in civil cases navigate the potential risk of self-incrimination—including witnesses testifying on behalf of a corporation as a corporate designee under Federal Rule of Civil Procedure 30(b)(6). As we discussed in our blog on invoking the Fifth Amendment in a civil deposition, the privilege can . . . Read More
DOD Cancels $10 Billion JEDI Contract, Takes New Direction on Cloud Procurement
On July 6, 2021, the Department of Defense (DOD) canceled its $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud procurement, close to two years after issuing the award to Microsoft and merely two months after the U.S. Court of Federal Claims issued a sealed decision denying the Department of Justice’s and Microsoft’s motions to dismiss Amazon Web Services’ (Amazon) bid protest challenging the award. This end to the JEDI saga will likely shape the decisions of other agencies as they . . . Read More
OFCCP Audits Are Coming: 7 Tips to Help You Prepare
The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2021 list of Supply & Service contractors it expects to audit (see FY 2021 CSAL Supply & Service ). With enforcement a primary goal of OFCCP, preparing for an audit is key. If your company is on the list, PilieroMazza ’s Labor & Employment Group suggests you follow these 7 tips to properly prepare for an OFCCP audit to avoid potential penalties and possible loss of your government contract. Get your paperwork in order and organize all your documentation, . . . Read More