GSA Seeks Feedback on Potential Changes to Polaris Joint Ventures
On May 13, 2022, the General Services Administration (GSA) published draft proposed changes to the Polaris Government-Wide Acquisition Contract (GWAC). Specifically, the agency is proposing to revise Section L.5.1.3.1 of the request for proposals (RFP), dealing with joint ventures, after reviewing industry feedback and engaging with the Small Business Administration (SBA). GSA emphasized that the language is in draft form and is subject to change. Most importantly, members of the small business information technology community are encouraged to provide feedback to Polaris@gsa.gov by . . . Read More
Federal Circuit Clarifies the Scope of Incorporation by Reference
A recent Federal Circuit decision supplies helpful direction to contractors wishing to incorporate their standard commercial terms and conditions into their government contracts. The federal government often claims that it wants to make its contracting process more like the commercial marketplace, but the government does not make it easy for commercial companies to do business with it. CSI Aviation, Inc. v. Dep’t of Homeland Security highlights the potential confusion surrounding the terms and conditions governing government contracts for commercial products or services. There, the contractor succeeded after several . . . Read More
SBA Requests Comments on Potential Change in Size Standard for Resellers
On April 26, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule regarding its small business size standards for federal contractors in manufacturing and other industries with employee-based size standards. Small business federal contractors should take note of the proposed changes and consider whether to address this proposal by submitting a public comment by the June 27 deadline. SBA’s proposals include potential increases in the size standards for 150 industries. These include the size standard for surgical appliance and supplies manufacturing . . . Read More
GSA Will Expand Joint Ventures’ Eligibility to Secure GSA Schedule Contracts Beyond Information Technology
By the end of May, the General Services Administration (GSA) will issue a Multiple Award Schedule (MAS) modification that will open all special item numbers to the GSA Springboard program. As a result, joint ventures will be able to secure all Special Item Numbers (SINs) under the consolidated MAS contracts, not just under IT SINs. With this good news in mind, contractors should consider whether to use their joint ventures to apply for MAS contracts that were formerly unavailable. The Springboard program . . . Read More
Buy American Act Final Rule Strengthens Domestic Sourcing Requirements
The Federal Acquisition Regulatory Council (FAR Council) published a final rule on March 7 that bolsters domestic sourcing requirements in federal procurement under the Buy American Act (BAA). This rule makes several significant changes to limit government contractors’ reliance on foreign products and component parts. Even though the final rule does not take effect until October 25, 2022, government contractors should be preparing for it now. PilieroMazza will discuss the new rule in a webinar on the BAA on April 27. Soon after . . . Read More
ESOPs Have Opportunity to Shape DOD Pilot Program on Sole Source Follow-On Contracts
In late 2021, the National Defense Authorization Act for Fiscal Year 2022 (FY 2022 NDAA) included a first-of-its-kind provision that authorized a pilot program through which businesses that are owned 100% by an employee stock ownership plan (ESOP) could qualify for sole source awards on a follow-on contract. Of course, the devil is in the details, and this potentially historic provision merely authorized the program but included no details. The opportunity to fill in those details has arrived. The Department of Defense (DOD) recently announced that companies can . . . Read More
GSA Pauses Polaris RFPs
GSA’s Polaris RFPs are on pause after the agency received comments regarding the evaluation of joint ventures. GSA is now assessing whether changes are required to the RFPs and is temporarily pausing the RFPs until further notice. WOSBs, SDVOSBs, and HUBZone IT service providers should pause proposal activities until the assessment is completed. This assessment may be an indication that GSA is carefully considering aspects of Polaris RFPs that will hopefully be beneficial to both large and small contractors and improve . . . Read More
SBA Increases Its Size Standards, Opening More Opportunities for Winning Government Contracts
The long-awaited increase to size standards by the Small Business Administration (SBA) has arrived. On March 31, 2022, SBA issued four final rules that increase the small business size standards for a number of industries. As a result, many businesses will gain eligibility for federal small business assistance programs or retain eligibility for a longer period. These programs include SBA’s business loan programs, Economic Injury Disaster Loan (EIDL) program, and federal procurement programs that provide targeted, set-aside opportunities for small . . . Read More
COVID-19 Paid Sick Leave Laws Could Show Emerging Compliance Trends for Employers
Since the onset of the pandemic, many states and localities have passed COVID-19 supplemental paid sick leave laws requiring employers to provide leave to employees for COVID-19-related reasons. California and Colorado have gone beyond many other states by adding to the required amount of sick time. These laws present unique administrative compliance challenges and financial burdens on employers who must prepare for employees’ additional paid COVID-19-related absences. Even employers with no employees in California and Colorado should be mindful, however, . . . Read More
OHA Confirms M&A-Related Recertification Won’t Impact Contractor’s Eligibility Under Pre-Existing, Set-Aside Contracts
For small businesses, navigating the recertification rules promulgated by the Small Business Administration (SBA) is no easy task. SBA rules generally provide that the size of a concern is determined at the date of its initial offer including price and if the firm is small at that time, it generally will be considered small throughout the life of the contract. However, if a concern undergoes a merger, sale, or acquisition, or novates its small business contract to another concern (each . . . Read More