The Weekly Update for December 14, 2018
GOVERNMENT CONTRACTING A former National Aeronautics and Space Administration (NASA) Facility Chief pleaded guilty to receiving illegal gratuities. Steven Eric Kremer, a former Chief of the Range and Mission Management Office at NASA’s Wallops Flight Facility (WFF) pleaded guilty to receiving gratuities in exchange for official acts performed in his capacity as a government official as well as stealing funds from a government contract. As Chief of the Range and Mission Management Office, Mr. Kremer administered the Range Operations Contract (ROC)—a multi-year . . . Read More
The Weekly Update for December 7, 2018
RULES AND REGULATIONS Proposed Rules The Small Business Administration (SBA) published a proposed rule amending its regulations and implementing provisions of the NDAAs of 2016 and 2017 as well as the Recovery Improvements for Small Entities After Disaster Act of 2015 (RISE Act). The proposed rule would (1) clarify that contracting officers have the authority to request information in connection with a contractor’s compliance with applicable limitations on subcontracting clauses; (2) provide exclusions for purposes of compliance with the limitations . . . Read More
Practical Considerations Before Novating Your GSA Schedule Contract
The Weekly Update for December 3, 2018
RULES AND REGULATIONS The Department of Veterans Affairs (VA) issued a proposed rule on November 29, 2018 proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the FAR. It will also remove procedural guidance that is internal to the VA, move it to the VA Acquisition Manual, and incorporate new agency-specific regulations or policies. The proposed rule would also add VAAR coverage concerning Environment, Energy and . . . Read More
Big Changes in the HUBZone Program Coming in 2019
Published by Set-Aside Alert: The Small Business Administration published its long-awaited proposed rule overhauling the Historically Underutilized Business Zone (HUBZone) Program on Oct. 31. Comments to the proposed rule are due Dec. 31, making it likely a final rule will be published in 2019. This rulemaking represents the first comprehensive revision of the HUBZone program, explicitly intended to make program compliance easier for small businesses and make the program more attractive for procuring agencies to use.
The Weekly Update for November 16, 2018
DEFENSE DEPARTMENT Performance-Based Payments and Progress Payments (DFARS Case 2017-D019) The Department of Defense (DOD) is withdrawing the proposed rule on performance-based payments and progress payments that it published on August 24, 2018. 83 Fed. Reg. 193, 50052 . Commercial Items Omnibus Clause for Acquisitions Using the Standard Procurement System The DOD issued a class deviation , which rescinds and supersedes Class Deviation 2013-00019. Effective immediately, when using the Standard Procurement System (SPS) to contract for commercial items, all DOD contracting activities may deviate from the requirements . . . Read More
Comments Submitted in Response to RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting
On September 7, 2018, the U.S. Department of Veterans Affairs’ (“VA”) issued proposed rule , RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting. PilieroMazza submitted comments to the proposed rule on November 6, 2018. Our firm represents small businesses operating across the government contracting spectrum, and many of these companies are service-disabled veteran-owned small businesses (“SDVOSBs”) verified to participate in VA’s “Veterans First Contracting Program.” In representing these firms and working with VA, we have received numerous comments from . . . Read More
Legal Advisor Newsletter – Fourth Quarter 2018
Special Corporate Issue You’ve Decided to Sell Your Business—How to Be Prepared to Execute the Deal Growing Pains: Growth Capital Sources and Considerations Seller Beware: 5 Tips to Keep Bad Employment Practices from Holding Up a Sale Not So Fast: Practical Considerations Before Novating Your GSA Schedule Contract
The Weekly Update for October 22, 2018
DEFENSE DEPARTMENT Class Deviation-Commercial Items Omnibus Clause for Acquisitions Using the Standard Procurement System According to an article on acq.osd.mil , this class deviation rescinds and supersedes Class Deviation 2013-00019. Effective immediately, when using the Standard Procurement System (SPS) to contract for commercial items, all Department of Defense (DOD) contracting activities may deviate from the requirements at Federal Acquisition Regulation (FAR) 12.301 (b)( 4) and the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- . . . Read More