What Does a Potential Replacement of the Category Management Circular Mean for Contractors?
Approximately one year ago, we submitted comments to the Office of Management and Budget (“OMB”) Proposed OMB Circular No. A-XXX, Implementing Category Management for Common Goods and Services . As explained in a blog post discussing the Proposed Circular, if implemented, the Proposed Circular would dramatically change the way the Government purchases common goods and services. “Common goods and services” are “those items and services that all or most federal agencies procure and are not unique to the mission of an individual agency.” Common goods and services represent a significant portion of Government spending. The 2016 Circular aimed to create a Government-wide approach to . . . Read More
GSA Schedule Contractor Team Arrangements: More Than Meets the Eye
You may have heard it suggested that for an upcoming GSA Schedule task order opportunity, the ordering agency “encourages” contractors to form Contractor Team Arrangements (CTA). What does this mean? A CTA is when two or more Schedule contractors combine their Schedule offerings as a “team” to pursue task orders issued under Schedule contracts. In order to participate as a “team member” in the CTA, each team member must maintain its own current GSA Schedule contract and be otherwise . . . Read More
Until It Happens To You: Preventing and Handling Sexual Harassment Claims
For the last several weeks, media outlets have reported on sexual harassment almost constantly. Indeed, the media makes it seem like sexual harassment claims are levied against a new public figure each day. To put this intense dialogue about sexual harassment and sexual assault in perspective, however, one must consider that the media generally only focuses on allegations levied against the most famous and powerful individuals: Hollywood moguls; movie stars; and politicians. But, in reality, the problem persists at every . . . Read More
Can a Captive Insurance Company Help You Keep Your 8(a) Certification?
At the beginning of 2017, the Protecting Americans from Tax Hikes (“PATH”) Act went into effect. One of the changes implemented by the Act altered how small and medium-sized business owners can use captive insurance companies (“CIC”). A CIC is an insurance company that is owned by the business itself either solo or along with other businesses that have the same insurance needs, rather than owned by a third-party provider. The CIC is a favored device of small and medium-sized . . . Read More
GAO Sustain Rate Is Down from 2016, But Still Higher Than Some Recent Years
This week, the U.S. Government Accountability Office (“GAO”) published its annual report to Congress, detailing statistics on the bid protests filed during the 2017 fiscal year. The number of cases filed with GAO (including protests, supplemental protests, cost claims, and requests for reconsideration) was down 7% from fiscal year 2016. 22% of the cases filed were decided on the merits (meaning GAO issued a decision), and 99 protests were sustained, for a sustain rate of 17% of the cases decided on . . . Read More
Considerations When Bringing on a New Owner
This article originally appeared in our Fourth Quarter Legal Advisor Newsletter . The attorneys at PilieroMazza’s Colorado office frequently assists businesses in drafting, amending, and negotiating their operating agreements, bylaws, and shareholders’ agreements. When this exercise involves a government contractor, it is a good marriage of our government contracts and corporate practices because we can navigate the corporate governance issues with an eye toward applicable federal requirements. That is especially important when the company is bringing on a new owner, which affects the corporate structure . . . Read More
Contract Closeouts Delayed, Incurred Cost Audit Backlog to Blame
GUEST BLOG ARTICLE Published with permission from Aronson Fed Point Blog Written by: Thomas Marcinko Submitting incurred cost submissions and closing out flexibly priced contracts in a timely manner is important for contractors, especially for those who are owed money due to indirect rate overruns, lagging invoices, or fee retention. The Federal Acquisition Regulation (FAR) states that flexibly priced contracts should be closed out within 36 months of completion. Historically, this goal has rarely been met. The General Accountability Office (GAO), in a report . . . Read More
SBA Proposes Rules for OHA to Consider CVE Appeals and Protests
In late October 2017, the period to comment on SBA’s proposed rule to amend the SBA Office of Hearings and Appeals (“OHA”) rules of practice to implement provisions of the National Defense Authorization Act for Fiscal Year 2017 (“2017 NDAA”) closed. By way of background, the 2017 NDAA, which Congress passed on December 23, 2016, prohibits the VA from issuing rules related to the status of SDVOSB, requiring it to instead follow SBA regulations. The 2017 NDAA specifically granted OHA . . . Read More
Enhanced DoD Debriefing Requirements in the Senate Version of the FY 2018 NDAA May Reduce Bid Protests
On September 18, 2017, the Senate passed its version of the National Defense Authorization Act (“NDAA”) which authorizes nearly $700 billion in defense spending for Fiscal Year 2018 and contains significant procurement reform provisions. One of those reforms deals with new Department of Defense (“DoD”) debriefing requirements. Currently, unsuccessful offerors are entitled to little information under FAR part 15 procurements. Under FAR 15.506(d), a post-award debriefing must include, at a minimum: the agency’s evaluation of any significant weaknesses or deficiencies . . . Read More
Imminent Deadline Looms for Government Contractors on Cybersecurity Compliance
Now that the government fiscal year end has passed, government contractors that handle controlled unclassified information (“CUI”) must turn their attention – if they haven’t already – to the quickly approaching calendar year end deadline of being compliant with cybersecurity obligations imposed under Defense Federal Acquisition Regulation Supplement (DFARS) § 252.204-7012. U.S. Department of Defense (“DoD”) rules adopted in 2016 require that government contractors handling “controlled unclassified information” have until December 31, 2017, to implement standards set forth in NIST . . . Read More