The Weekly Update December 23, 2016
GOVERNMENT CONTRACTS Payment of Subcontractors The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (‘NASA”), have issued a final rule amending the Federal Acquisition Regulation (“FAR”) to implement a section of the Small Business Jobs Act of 2010. This statute requires contractors to notify the contracting officer, in writing, if the contractor pays a reduced price to a small business subcontractor or if the contractor’s payment to a small business subcontractor is more than . . . Read More
The Weekly Update December 16, 2016
GOVERNMENT CONTRACTS Paid Sick Leave for Federal Contractors The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) have issued an interim rule revising the Federal Acquisition Regulation (“FAR”) to implement Executive Order 13706 (the “E.O.”), Establishing Paid Sick Leave for Federal Contractors. The E.O. seeks to increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that employees on those contracts can earn up . . . Read More
The Weekly Update December 9, 2016
GOVERNMENT CONTRACTS Set-Asides under Multiple-Award Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to revise the Federal Acquisition Regulation (“FAR”) to implement regulatory changes made by the Small Business Administration (“SBA”) in its final rule (78 FR 61114), dated October 2, 2013, regarding the use of small business partial set-asides, reserves, and orders placed under multiple-award contracts. SBA’s final rule implements the statutory requirements set forth at section 1331 . . . Read More
The Weekly Update December 2, 2016
GOVERNMENT CONTRACTS FAR Amendment Proposal to Implement Section of NDAA 2016 The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to amend the Federal Acquisition Regulation to implement a section of the National Defense Authorization Act for Fiscal Year 2016, which will clarify that agency acquisition personnel are permitted, and encouraged, to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and . . . Read More
Considerations When Choosing a Mentor or Protege Under the SBAs Programs – Ambi Biggs – Set-Aside Alert
The Weekly Update for November 14, 2016
DEPARTMENT OF DEFENSE Revised Interim Implementation of Government-wide Guidance for Grants and Cooperative Agreements The DOD has issued a notice of proposed rulemaking (“NPRM”), the first in a sequence of six NPRMs, which collectively establish, for DOD grants and cooperative agreements, an updated interim implementation of government-wide guidance on administrative requirements, cost principles, and audit requirements for federal awards. This NPRM removes a part of the DOD Grant and Agreement Regulations (“DODGARs”) and replaces it with a new DODGARs part . . . Read More
Office of Management and Budget ( OMB ) Circular A-xxx
Includes our comments on : Aspects of the Circular Require Clarification We recognize that OFPP sees a value in Category Management and intends to institutionalize Category Management principles across the Government. However, clarification of the Government’s approach, as set forth in the proposed Circular, is needed. Consideration of Small Businesses Should Be Required More consideration of small businesses is needed. BIC Sourcing Solutions Must Be Readily Attainable The Circular does not address how competitions for BIC preferred and BIC mandatory . . . Read More
The Weekly Update for November 4, 2016
DEPARTMENT OF DEFENSE Withholding of Unclassified Technical Data and Technology from Public Disclosure The Department of Defense (“DOD”) Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics has proposed a rule that establishes policy, assigns responsibilities, and prescribes procedures for the dissemination and withholding of certain unclassified technical data and technology subject to the International Traffic in Arms Regulations and Export Administration Regulations. It applies to DOD components, their contractors and grantees, and is meant to control . . . Read More
The Weekly Update for October 28, 2016
OTHER GOVERNMENT CONTRACTING NEWS “Texas court places temporary halt on Fair Pay rule.” Federal News Radio. October 26, 2016. The Eastern District Court of Texas placed a preliminary injunction on Fair Pay and Safe Workplaces rule that was supposed to take effect October 25. The court adopted most of the arguments set forth by the Associated Builder and Contractors in the initial lawsuit filed on October 7, including that the rule violated federal contractors’ First Amendment and due process rights . . . Read More
PilieroMazza Legal Advisor – Fourth Quarter
In this Issue: Fair Pay Safe Workplaces Halted but Not Dead Recent Clarifications to SBA’s Definition of Receipts Small Business Contracting Opportunities Abound Outside the Federal Marketplace The Corporate Designee in Commercial Litigation