News & Analysis as of

Small Business Federal Acquisition Regulations (FAR)

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

Weekly Update Newsletter - December 2017 #2

by PilieroMazza PLLC on

SMALL BUSINESS - GSA Names 80 Small Businesses to Lead Alliant 2 SB Competition - On December 7, 2017, the GSA released a pre-award list of 80 companies in the running for the five-year, $15 billion Alliant 2 Small...more

What Does a Potential Replacement of the Category Management Circular Mean for Contractors?

by PilieroMazza PLLC on

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...more

Analysis of the Current Draft 2018 NDAA

by Holland & Knight LLP on

This is the first blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Award Protests: Choosing the Forum

by Williams Mullen on

A disappointed bidder’s protest strategy includes deciding whether to initiate the protest with the procuring agency, the Government Accountability Office or the U. S. Court of Federal Claims....more

FY 2018 Forecasts: Items of Interest in Contracting, Small Business, and M&A

In the final post of our 2018 Fiscal Year Forecast series, Kevin Mullen and Damien Specht focus on the use of Low Price Technically Acceptable (LPTA) contracts, the mounting backlog of security clearance applications, the...more

Limitations on Subcontracting – What’s the Latest and Why Isn’t It in My Contract Yet?

by PilieroMazza PLLC on

Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what...more

Subcontractor Size Status Representations – Not Identical to Rules Governing Prime Contractors

by PilieroMazza PLLC on

If you are a prime contractor with a small business subcontracting plan, you may wonder “when” a small business subcontractor should render its size representation, and what are the subcontractor’s obligations to rerepresent...more

Recertifications of Size or Status: What Contractors Need to Know

by PilieroMazza PLLC on

Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more

Comments on Notice–MV–2017–01, Evaluation of Existing Acquisition Regulations

by PilieroMazza PLLC on

The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs,...more

Weekly Update Newsletter - July 2017

by PilieroMazza PLLC on

CAPITOL HILL - “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce...more

Weekly Update Newsletter - June 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - “GSA Adds Hundreds of Small Businesses to the 8(a) STARS II GWAC Contract.”GSA Press Release, June 15, 2017. Retrieved from gsa.gov. The GSA 8(a) STARS II Governmentwide Acquisition Contract...more

Government Contracts: Advantages for Small Business Concerns

by Foley & Lardner LLP on

Linda McMahon, former chief executive officer of World Wrestling Entertainment, was confirmed by the Senate on February 14, 2017, to lead the Small Business Administration (SBA). It’s expected her work will revolve...more

Inside New FAR Rule On Untimely Payments To Subcontractors

New changes to the Federal Acquisition Regulation impose mandatory reporting requirements on federal prime contractors who fail to make full and timely payments to their small business subcontractors. Although little more...more

New FAR Changes Incentivize Prime Contractors Not to Be Deadbeats in Meeting Their Payment Obligations to Their Small Business...

by McCarter & English, LLP on

One common complaint we hear from our subcontractor clients is “HOW CAN WE GET PAID????” Our experience has shown that whether through inadvertence, lack of subcontract management resources – or even as a predatory business...more

Weekly Update Newsletter - January 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 - This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense...more

Final FAR Rule Proposed for Small Business Set-Asides on Multiple Award Contracts

by Davis Wright Tremaine LLP on

On Tuesday, Dec. 6, 2016, the Federal Acquisition Regulatory Council published a proposed rule aimed at finalizing regulations for small business set aside contracts in multiple award procurements. The new rule allows more...more

The HUBZone Price Preference Provides a Benefit to Contractors-- but at a Price

by PilieroMazza PLLC on

The Historically Underutilized Business Zone (“HUBZone”) Act, 15 U.S.C. § 675a, sets forth three ways in which contracting agencies may provide contracting assistance to HUBZone contractors. The contracting agency may award...more

Weekly Update Newsletter - November 2016 #3

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION - Clarification of Requirement for Justifications for 8(a) Sole Source Contracts - The Department of Defense...more

PilieroMazza Legal Advisor - Fourth Quarter

by PilieroMazza PLLC on

On October 24, on the eve of its implementation, the U.S. District Court for the Eastern District of Texas issued a nationwide order halting the implementation of the bulk of Executive Order 13673, Fair Pay Safe Workplaces,...more

Take Note of This Law Regarding Small Business Offerors Under Multiple Award Contracts

by PilieroMazza PLLC on

The National Defense Authorization Act (“NDAA”) for Fiscal Year 2016, which went into effect on November 25, 2015, contains some requirements regarding multiple award contracts that you might not know about. The 2016 NDAA...more

The FAR Councils Drop 10 FAR Amendments in End-of-Fiscal-Year Blitz

by Holland & Knight LLP on

On September 30, 2016, the Federal Acquisition Regulation (FAR) Councils issued 10 FAR amendments (nine final and one interim) on a broad range of topics. One rule imposes new risks for contractors with delinquent taxes or...more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

by Holland & Knight LLP on

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

New Rule Finalizes Small-Business Subcontracting Changes

by Morgan Lewis on

Regulatory amendments related to small-business subcontracting will take effect on November 1, 2016. On July 14, the Federal Acquisition Regulatory Council issued a final rule in the Federal Register to implement...more

SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

by Holland & Knight LLP on

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly...more

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