Kingdomware Vs. the VA: Supreme Court Case to be Dismissed?

First, if you are not familiar with the Kingdomware case, please review this blog post as it will give you a good overview of the case background . If you are already aware of the Kingdomware case, you will likely be surprised to hear that on November 4, 2015, the U.S. Supreme Court issued an order to the parties in the Kingdomware case to submit briefs on whether the case is moot and should, therefore, be dismissed. In its order, the Supreme Court basically asked the parties whether the contract at issue has already been performed and, . . . Read More

Reporting Executive Compensation: What If You Don’t Report?

Government contractors are accustomed a myriad of reporting requirements. One such requirement that has caused much consternation is the FAR’s executive compensation clause which, as of October 1, 2015, applies to all contracts exceeding $30,000, as opposed to the pre-inflationary adjustments threshold of $25,000. The clause requires contractors to report their five most highly-paid executives and list their total compensation for the preceding fiscal year. Most contractors are–not surprisingly, given the nature of the information–very reluctant to disclose such information . . . Read More

SBA Gradually Approves of Hiring Key Personnel from an Alleged Ostensible Subcontractor

By Julia Di Vito The Small Business Administration (“SBA”) is undergoing a gradual shift in its views on small business prime contractors proposing to hire “key personnel” from their subcontractors in the context of the ostensible subcontractor rule. As most small business subcontractors who have been involved in a size protest know, the ostensible subcontractor rule provides that when a prime contractor is unusually reliant on the subcontractor, SBA will deem the prime contractor affiliated with its subcontractor in performing . . . Read More

PilieroMazza Legal Advisor – Fourth Quarter 2015

In this Issue: More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier Mastering Price Adjustments for Increases in the Contractor Minimum Wage Happy New Year: As we begin the new fiscal year, government contractors need to identify risks that affect both revenue and costs. If You Snooze, You May Lose – Be Mindful of the Statutes of Limitations if You Intend to Enforce Your Rights in a Court of . . . Read More

SBA Approval of 8(a) Joint Ventures – What Is Required Beyond the Regulations?

By Kimi Murakami Over the past several months, our firm has been approached by Section 8(a) companies throughout the country who have been advised by their SBA district offices that their 8(a) joint ventures would not be approved by the SBA. This disappointing news came in spite of the fact that the 8(a) company felt it had met the requirements for 8(a) joint ventures in the SBA rules (see 13 C.F.R. § 124.513). Based on the varied reasons for these . . . Read More

Counterfeit Parts Rule: Do You Know Where Your Parts Came From?

By Michelle Litteken You may have heard about DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, also known as the “Counterfeit Parts Rule.” The rule requires contractors who provide electronic parts to the Department of Defense (“DOD”) to establish a counterfeit electronic part detection and avoidance system. When the Counterfeit Parts Rule was issued in May 2014, it drew a great deal of criticism from contractors because of the obligations and risks that it imposed. Up until now, . . . Read More

UPDATED: Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS

By Megan Connor In March 2014, we published a blog about challenging an unfavorable interim or final Contractor Performance Assessment Report System (“CPARS”) rating. Because of changes in the regulations, we wanted to update that post for contractors interested in challenging their CPARS. The FAR provides that contractors must be given a minimum of 14 calendar days to submit comments, rebutting statements, or additional information upon receipt of a CPARS. If you disagree with anything in a CPARS, you should . . . Read More

WOSB Sole-Source Contracting Program Now Official

Women-Owned Small Businesses are now eligible to be awarded sole-source contracts.   Our attorneys and friends have written several articles about the new sole-source authority under the WOSB program. Women Impacting Public Policy has developed a Q and A on this topic that might be useful for those who are interested in participating.