Comments Submitted in Response to RIN 2900-AQ24—VA Acquisition Regulation
On January 24, 2019, PilieroMazza submitted comments to the U.S. Department of Veterans Affairs in response to the proposed rule issued on November 29, 2018, RIN 2900-AQ24—VA Acquisition Regulation: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace; Protection of Privacy and Freedom of Information; Other Socioeconomic Programs; and Contract Modifications. Includes our comments on: VAAR Part 826 Will Be Beneficial, But It Needs Further Clarification The VAAR Must Fully Implement the Vets Act Priority for . . . Read More
The Weekly Update for January 25, 2019
GOVERNMENT CONTRACTING As reported in a Nextgov article , the Department of Homeland Security’s (DHS) Chief Procurement Officer Soraya Correa issued a special notice extending the due dates for all unamended acquisition deadlines after December 22. The special notice also states that DHS, and most of its component parts, will not move forward with pending acquisitions until the shut down ends. The notice gives vendors up to seven days after the partial government shutdown is resolved to submit bid proposals if . . . Read More
How Federal Contractors Can Survive During and After the Government Shutdown
Presented By Cy Alba, Nichole Atallah, and Michelle Litteken Click here to view the recorded session. While in the midst of the longest government shutdown in US history and contractors, the unsung heroes of the federal government who perform a great deal of the work vital to the economic and political success of our nation, are left to wonder what options they have, whether they will be made whole, and how to deal with their employees. PilieroMazza’s Government Contracting Group and its . . . Read More
Facing Costly Litigation? An Offer of Judgment May Save You Money in the Long Run
“[I]n this world, nothing can be said to be certain, except death and taxes.” This oft-cited quote attributed to Benjamin Franklin may be timeless, but it fails to tell the whole story in the modern world—at least for businesses facing unwelcome litigation. As companies conduct more and more of their business digitally, the cost of defending a lawsuit is increasing, due in large part to the impact of electronic discovery obligations. Electronic discovery, or e-discovery, generally involves the identification, collection, . . . Read More
Using a Joint Venture for Supply Procurements
Joint ventures have been popular arrangements for chasing government contracts, particularly since the start of SBA’s All Small Mentor-Protégé program in 2016. The “ASMPP” allows any small business to enter into an SBA-approved mentor-protégé relationship with a large business. Once a mentor-protégé relationship is approved, the small business and large business can form a joint venture to pursue small business set-asides. This marriage of a small and large business to pursue small business contracts can provide a real competitive edge . . . Read More
PilieroMazza Submits Comments on Recent VA Rulemaking Proposed Rules
On January 24, 2019, PilieroMazza submitted comments to the U.S. Department of Veterans Affairs in response to the proposed rule issued on November 29, 2018, RIN 2900-AQ24—VA Acquisition Regulation: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace; Protection of Privacy and Freedom of Information; Other Socioeconomic Programs; and Contract Modifications. Our comments ask that the proposed rules fully implement VA’s mandate to give contracting priority to SDVOSBs, then VOSBs, then over to all other businesses . . . Read More
A Five-Year Measuring Period for Economic Dependence Affiliation
Earlier this month, we wrote about the internal SBA Information Notice (Information Notice), which clarifies that the changes made by the Small Business Runway Extension Act (Runway Extension Act) are not effective immediately. The Runway Extension Act requires that receipts-based size standards be based on annual average gross receipts over five years. SBA’s regulations currently require a three-year lookback for size standards based on annual receipts. And, according to the Information Notice, until SBA revises its regulations through the rulemaking process, businesses must continue . . . Read More
The Weekly Update for January 18, 2019
GOVERNMENT CONTRACTING According to Bloomberg Government, contract spending has grown by almost 6% per year over the past five years as federal agencies increasingly rely on government-wide contract vehicles and simplified acquisition procedures. Bloomberg Government identified five spending trends that developed from Fiscal Year 2014 through Fiscal Year 2018, listed below. Federal contract spending reached a five-year high in Fiscal Year 2018. The $560 billion in federal contract spending in Fiscal Year 2018 is the highest level since Fiscal Year . . . Read More
GAO Sustains Protest Alleging Misrepresentation in Proposal Regarding Availability of Incumbent Staff
It is generally difficult to win a bid protest by arguing that the awardee proposed personnel that it did not have a reasonable expectation would be available for performance. Such allegations are normally difficult to prove, particularly at the outset of a protest, because the protestor is unlikely to know which personnel the awardee proposed. As a result, these protest grounds have a high risk of being dismissed as speculative. Winning such a protest is, however, possible. The Government Accountability . . . Read More
SBA Proposes Significant Changes to Small Business Procurement: Will You Be Impacted?
Presented By Antonio Franco and Sam Finnerty Click here to view the recorded session. On December 4, 2018, the SBA issued a proposed rule that includes a number of sweeping amendments to the SBA’s regulations which will have a significant impact on small businesses. The proposed rule addresses important matters for small businesses, such as the limitations on subcontracting requirements and exclusions for compliance purposes, and requirements for size and status recertification. The SBA is also clarifying when size is determined, and . . . Read More