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VA Proposes Changes to VOSB/SDVOSB Regulations, Aims for Consistency with COFC Ruling in Cohen Seglias' Miles Construction Case

On November 6, 2015, the VA issued a proposed rule, which could drastically change the way the two eligibility requirements for VOSBs and SDVOSBs are interpreted. The VA explained the changes as follows...more

Improvements Noted in the VA’s CVE Verification Process

A new report by the U.S. Government Accountability Office (GAO) notes measurable improvement in the processes used by the Department of Veterans Affairs (VA) to verify Service-Disabled, Veteran-Owned Small Businesses...more

VA Proposes Significant Changes to Its VOSB/SDVOSB Verification Program

On November 6, the Department of Veterans Affairs (VA) issued a proposed rule amending its regulations governing the VA’s verification program for veteran owned small businesses (VOSBs) and service-disabled veteran owned...more

Weekly Update Newsletter - August 2015 #3

GOVERNMENT CONTRACTS - DOD Issues Interim Rule to Amend DFARS: Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2013-D018)- The Department of Defense (DOD) issued an interim rule to amend...more

Weekly Update Newsletter - June 2015 #2

GOVERNMENT CONTRACTS - DoD Issues Semiannual Regulatory Agenda - The Department of Defense (DoD) published the semiannual agenda of regulatory documents, including those that are procurement-related, for public...more

An attempt at Harmonization: Export Documentation Changes

The Bureau of Industry and Security (BIS) is currently accepting comments on methods of improving the Export Administration Regulations (EAR) as well as harmonizing these regulations with the clearance requirements under the...more

Government Contracts Quarterly Update - May 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in the...more

Weekly Update Newsletter - May 2015 #3

GOVERNMENT CONTRACTS - DoD Issues January and February 2015 Contract Data Contract Reporting Scorecards - The Department of Defense (DoD) issued the contract data and reporting scorecard metrics for January and...more

The CVE Reverification Process is Not as Simple as Advertised For Veteran-Owned Firms

The Department of Veterans Affairs (VA) Veterans First Contracting Program continues to attract more and more veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs). ...more

Weekly Update Newsletter - May 2015 #2

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Final Rule to Amend FAR: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities - The Department of Defense (DoD), General Services...more

Weekly Update Newsletter - May 2015

SMALL BUSINESS ADMINISTRATION - SBA Issues Proposed Rule to Amend Women-Owned Small Business Federal Contract Program - The U.S. Small Business Administration (SBA) issued a proposed rule to amend its...more

Weekly Update Newsletter - April 2015 #3

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Small Entity Compliance Guide - The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)...more

Weekly Update Newsletter - March 2015 #4

GOVERNMENT CONTRACTS - DoD Issues Interim Rule to Amend DFARS: Use of Military Construction Funds (DFARS Case 2015-D006) - The Department of Defense (DoD) issued an interim rule to amend the Defense Federal...more

Weekly Update Newsletter - March 2015 #3

GOVERNMENT CONTRACTS - The Under Secretary of Defense Issues Memorandum Regarding the Appropriate Use of LPTA Source Selection Process and Associated Contract Type - The Under Secretary of Defense for...more

SBA Proposed Rule Outlines New Mentor-Protégé Program for All Small Businesses - Impacts to All SBA Contracting Programs,...

The Small Business Administration (SBA) issued a long-awaited notice of proposed rule-making (NPRM) providing for a new mentor-protégé program that will be available to all small businesses. The proposed rule was released on...more

Function over Form: The Impact of Separate Stock Classes on Veteran-Owned Firms

In my recent blog post about Employee Stock Ownership Plans (“ESOPS”), I discussed how the plans are treated differently under the Department of Veterans Affairs’ program (the “VA Program”) for Veteran-Owned and...more

Fixing a Broken Brokering Definition: DDTC Eases ITAR’s Regulatory Burden for Brokers and Brokering Activities

On August 26, 2013, in yet another move geared toward streamlining the U.S. export control regulatory landscape, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) published its long-awaited interim...more

GAO Holds That Agency Improperly Credited Offeror With Past Performance of Affiliates

In IAP World Services, Inc.; EMCOR Government Services, B-407917.2 et al. (July 10, 2013), involving a protest challenging an award by the U.S. Department of the Navy (the “Navy”) for base operating support services, the...more

AT&T Case Confirms GAO's Broad View Of Waiver Authority

The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s...more

Leadership in the Compliance Function – Do You Encourage or Stifle?

There are many ways for a Chief Compliance Officer (CCO) to exercise leadership in not only the compliance function but also across the many disciplines in which compliance impacts in any corporation. In this Sunday’s New...more

Defense Office of Hearings and Appeals (DOHA) Highlights the Need for Thorough and Effective Preparation of Clearance Applications

In the past few years, the Defense Office of Hearings and Appeals ("DOHA") has experienced a significant uptick in the number of clearance applications referred from DISCO. This can primarily be attributed to the economic...more

EEOC Issues Guidance on Criminal Background Checks, But Retains Employer Protections for Positions of National Security

The Equal Employment Opportunity Commission (EEOC) recently issued its highly anticipated Enforcement Guidance regarding employer use of arrest and conviction records and compliance with Title VII of the Civil Rights Act of...more

Transitioning to the Updated ISFO Process Manual v3.0

By December 31, 2011, DSS will transition to the updated version (Version 3.0) of the Industrial Security Field Officer (ISFO) Process Manual for Certification and Accreditation. The intent of the manual is to explain the...more

New DSS Security Rating Matrix

On August 29, 2011, the Defense Security Service (DSS) began utilizing a newly designed security rating process to determine ratings assigned at the completion of a DSS National Industrial Security Program (NISP) inspection....more

Base Closures Raise Need for Complete SF86 Reviews

The Base Realignment and Closure (BRAC) plan of 2005 may soon begin to have a real impact on the security clearance world. Under the plan, ten DoD Central Adjudication Facilities (CAFs) will move from their current homes to a...more

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