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Weekly Update Newsletter - May 2018

DEPARTMENT OF DEFENSE - Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts - The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more

Big Changes Proposed to SBA's Size Standards Methodology

Being and remaining a small business in the eyes of the government is one of the most important considerations for every federal contractor participating in small business set-aside programs. The rules of the contracting game...more

SAM, I AM: New Verification Requirement for SAM.gov Likely to Delay New Registrations

Registering with SAM.gov is a fact of life for government contractors. And, from what we often hear, a challenging fact at that. Indeed, it can be difficult to navigate the registration process, and it is time-consuming....more

VA Amends Rules on Price Adjustments, Comments on Its Use of the Vets First Authority and Cascading Set-Asides

On February 21, 2018, the U.S. Department of Veterans Affairs (VA) issued final rules to amend its regulations that pertain to Economic Price Adjustment clauses for firm-fixed-price contracts, identifying VA's Task-Order and...more

2018 NDAA Makes Big Changes to HUBZone Program

The 2018 National Defense Authorization Act (“NDAA”), signed last week, made some significant changes to the Small Business Administration’s (“SBA”) Historically Underutilized Business Zone (“HUBZone”) Program. Most of the...more

12/20/2017  /  Federal Contractors , HUBZone , NDAA , SBA

Happy Cybersecurity New Year

After the ball drops in Times Square this New Year’s Eve, many DoD contractors will wake up with a headache. And I don’t mean from too much champagne. I’m talking about extensive DoD cybersecurity requirements these...more

How Loans Can Impact Size and Status

It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential...more

2018 NDAA Could Raise the Stakes for Companies Filing Bid Protests on DoD Contracts

The U.S. Senate has proposed a provision in the 2018 National Defense Authorization Act that, if adopted, would raise the stakes for larger firms in filing bid protests. The provision would apply to protests against DoD...more

What’s that Cybersecurity FAR Clause Doing In My Contract?

Many contractors we talk to believe that cybersecurity requirements are exclusively a concern of contractors working with DoD or with highly-classified, top secret projects. While perhaps true to some degree in the past, that...more

SBA Size Standards Under the Microscope

SBA's size standards are one of the agency's most important metrics. The size standards draw a bright line between small and large businesses for each industry by NAICS code. A firm that is below the size standard for its...more

Identity of Interest Affiliation: Everything You Need to Know

If your company pursues small business set-aside contracts, either as a prime contractor or as a subcontractor, you have to prepare for the possibility of a post-award size protest alleging affiliation. Once the protest is...more

Investing in Small Businesses Through SBA’s SBIC Program

We work with many firms that have or would like to invest in small businesses. One of the biggest issues for an investor in a small business is the potential that the investment will create an affiliation between the investor...more

12/23/2016  /  Investment , Investors , SBA , SBIC , Small Business

Office of Management and Budget ( OMB ) Circular A-xxx

Re: Proposed New OMB Circular A-xxx - Dear Ms. Dillon: We are writing to submit comments on the above-referenced proposed Office of Management and Budget (“OMB”) Circular, issued on October 7, 2016, 81 Fed. Reg....more

Protecting Your Small Business Status: JVs, Restructuring and Diversifying

Overview - - Why size matters - Toolbox for maximizing your time as a small business (“SB”) - Tools that work - Tools you might think work, but generally do not - Tool of the future? -...more

More Work Needed to Improve the HUBZone Program

The HUBZone Program needs some TLC. After a peak of 14,000 SBA-certified participants in 2009, the HUBZone Program has seen a significant drop in participation over the past few years due to various factors. This, in turn,...more

10/10/2016  /  GAO , HUBZone , SBA , Small Business

Now is the Time for a Joint Venture Checkup - Set-Aside Alert

On August 24, 2016, the Small Business Administration’s long-awaited rules creating the new small business mentor-protégé program took effect... ...more

PilieroMazza Legal Advisor - Third Quarter

GOVERNMENT CONTRACTING - Category Management: What Contractors Need to Know - In December 2014, the Office of Management and Budget (OMB) announced a new initiative called Category Management. This policy could...more

Comments on FAR Case 2015-015 Regarding the Federal Strategic Sourcing Initiative - FSSI

Dear Ms. Flowers: We are writing to submit comments on the above-referenced notice of proposed rulemaking, issued on June 20, 2016, 81 Fed. Reg. 39,883. Our firm represents small business federal contractors. We submit...more

The SBA’s New Mentor-Protégé Program: The Dilemma of Hiring Project Managers

On July 25, 2016, SBA released its long-awaited final rule creating the new mentor-protégé program for all small businesses. Many aspects of the new rule are very exciting and should be beneficial for the small business...more

VA Required to put Veterans First in Kingdomware Supreme Court Decision

In a big win for veteran-owned small businesses, the Supreme Court today ruled unanimously in favor of Kingdomware Technologies, Inc., in its case against the Department of Veterans Affairs (“VA”). Kingdomware had...more

SBA Issues Final Limitations on Subcontracting Rule

Today, SBA issued its final rule to implement provisions of the National Defense Authorization Act of 2013, which pertains to the limitations on subcontracting (“LOS”) applicable to small business set-aside contracts,...more

Bid Protest Strategy: What Every Contractor Needs to Know

Overview - - Making the decision to protest and what you can expect - When, where, and why to file - Common pre- and post-award protest arguments - The strongest arguments - Defending your award...more

OHA Says Mentor-Protégé Affiliation Exemption Does NOT Excuse Program-Specific Requirements for SDVOSB Joint Ventures

SBA’s Office of Hearings and Appeals recently issued a surprising decision finding that the mentor-protégé affiliation exemption does not excuse program-specific requirements for SDVOSB joint ventures. OHA agreed with SBA’s...more

PilieroMazza Legal Advisor - Second Quarter 2016

Government Contracting - LESSONS LEARNED FROM PROTESTS INVOLVING “LATE” PROPOSALS - Most, if not all, proposals for government contracts are submitted electronically, whether by email or through a third...more

SBA’s New Itvar Size Rule

OVERVIEW - - History and proposed changes to SBA’s ITVAR size rule - What is SBA’s new ITVAR size rule? - Understanding the nonmanufacturer rule and waivers - What should ITVARs do now ...more

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