GWACs and MACs – Vital Tools for Small Business – Alex Levine & Michele Litteken – Set-Aside Alert
The GAO’s Report on Contracting with ANC-Owned 8(a) Firms And Its Potential Impact on Tribally-Owned 8(a) Firms
The Government Accountability Office (GAO) recently issued a report , titled “Alaska Native Corporations: Oversight Weaknesses Continue to Limit SBA’s Ability to Monitor Compliance with 8(a) Program Requirements.” The report was prepared at the request of Senators McCaskill and Markey, and Congressman DeFazio, whom asked the GAO to examine the Small Business Administration’s (SBA) oversight of 8(a) contracts specifically awarded to Alaska Native Corporations (ANCs). The report focused on the SBA’s ability to enforce regulations prohibiting the award of follow-on, sole source contracts to . . . Read More
Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued
Recently, the U.S. Court of Federal Claims issued the decision in Orion Construction Co. v. United States, No. 15-1505C (Fed. Cl. April 1, 2016) which is a cautionary tale for all small business offerors regarding the risk of an inaccurate certification from simply misinterpreting which size standard applies to a particular solicitation. In the case, the United States Naval Facilities Engineering Command Southwest (“NAVFAC”) issued a solicitation for “commercial and institutional building construction” companies under North American Industry Classification System (“NAICS”) . . . Read More
The Weekly Update for April 22, 2016
DEPARTMENT OF LABOR Procedures for Handling Retaliation Complaints GOVERNMENT CONTRACTS GAO Proposes Rule to Create New Electronic Filing System and Fee This week’s report follows, click here if you would like to download a copy . DEPARTMENT OF LABOR Procedures for Handling Retaliation Complaints This rule establishes the final procedures and time frames for the handling of retaliation or whistleblower complaints under FDA Food Safety Modernization Act (FSMA), including procedures and time frames for employee complaints to the Occupational Safety and Health Administration, investigations by OSHA, appeals of OSHA determinations to an administrative law judge . . . Read More
GAO Proposes Rule to Create New Electronic Filing System and Fee
By Katie Flood On April 15, 2016, GAO released a proposed rule announcing its intent to create an electronic bid protest filing and document dissemination system. The proposed system will implement requirements of Section 1501 of the Consolidated Appropriations Act for Fiscal Year 2014, enacted on January 14, 2014. In the proposed rule, GAO outlines the basics of the system, which will be called the Electronic Protest Docketing System (EPDS). Once up and running, EPDS will be the sole means for filing . . . Read More
Key Employment Issues Affecting Tribal Entites
Presented by Nichole Atallah and Ambi Biggs
Data Rights Under Federal Government Contracts: What Are Data rights?
This article is the first installment in a series from PilieroMazza where we will walk through the various data rights clauses in the FAR and DFARS to explain how they are supposed to work, what they mean, and when to know which rules apply to a particular procurement. Data rights under federal government contracts create confusion from both the government and the contractor perspectives. There is substantial misunderstanding as to the purpose of the data rights regulations and the limits . . . Read More
Subcontracting Smart: Labor Relations and Subcontracting Plan Obligations Between Prime Contractors and Subcontractors
Presented by Nichole Atallah and Katie Flood
Negotiating the Landlord Services Provision of Your Office Lease
In negotiating an office lease, business owners should pay particularly close attention to the provisions detailing the services that the landlord will be required to provide and the terms and conditions regarding those services. Business owners often have significant negotiating power with respect to such provisions, and therefore have the potential to custom-fit the services that the landlord will be required to provide to the specific needs of their business. Landlord services that business owners should consider include: Heating and . . . Read More
Understanding the Impact of SBA’s New ITVAR Size Rule
Presented by Jon Williams and Cy Alba