November 2, 2015
A recent GAO decision demonstrates the critical importance of timely submitting and following-up with the Small Business Administration (SBA) on your Joint Venture Agreement (JVA) application if you want to obtain a competitive joint venture (JV) award under SBA’s 8(a) business development program. FedServ-RBS JV, LLC, B-411790, Oct. 26, 2015. In this instance, an 8(a)’s failure to pay…
October 26, 2015
It has long been the rule that all items quoted and ordered in a Federal Supply Schedule (FSS) task order competition under FAR Part 8.4 must be on the vendor’s schedule contract at the time the order is awarded. However, a recent Government Accountability Office (GAO) decision clarifies that the critical moment is literally the task order award date, and not the offer or any other…
October 19, 2015
The Small Business Administration (SBA) recently proposed a rule implementing Section 1614 of the National Defense Authorization Act for Fiscal Year 2014 (FY14 NDAA) by modifying the rules relating to certain small business subcontracting plans and the use of small businesses as lower tier subcontractors in connection with such plans. More particularly, the proposed rule would allow an…
October 19, 2015
As you no doubt know by now, President Obama issued Executive Order 13658 on February 12, 2014, establishing a $10.10 per hour minimum wage for employees working on covered federal contracts and subcontracts, starting January 1, 2015. The Department of Labor (DOL) issued a Final Rule (previously discussed here) on October 10, 2014, and the FAR Council issued an Interim Rule on December 15, 2014…
October 5, 2015
Disappointed small business offerors sometimes turn to the certificate of competency (COC) procedures of the Small Business Administration (SBA) when their proposals are found technically unacceptable. Arguing that the unacceptability is actually a matter responsibility that must be considered by SBA, these offerors hope that a favorable COC determination will save the day. Sometimes…
September 21, 2015
DoD is proposing to revise the DFARS rule entitled “Detection and Avoidance of Counterfeit Electronic Parts”. See Proposal here.
The rule proposes amendments to DFARS 246.870 and a new clause at DFARS 252.246-70XX, Sources of Electronic Parts, to require that DoD and its contractors and subcontractors, except in limited circumstances, acquire electronic parts from trusted suppliers in order to…
September 14, 2015
The Small Business Administration (SBA) has issued its eagerly-awaited Final Rule implementing the new sole source award authority for Women-Owned Small Businesses (WOSBs). The Final Rule essentially adopts and follows the Proposed Rule, previously discussed here. Most importantly, the Final Rule authorizes sole source awards in industries identified by SBA in which WOSBs are underrepresented or…
July 27, 2015
Caitlyn Jenner, LaVerne Cox (Orange is the New Black) and the hit Amazon series “Transparent” have vaulted the topic of gender identity into virtually every home, workplace and Facebook feed in the United States. Perhaps less well-known is the “Implementation of Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and…
July 6, 2015
You are a small business, and believe you have the inside track on a substantial services contract opportunity. You have prepared your proposal, including pricing, and proposals are due mid-day tomorrow. You know the procurement is proceeding on a fast-track, with scheduled contract start-up in a month. However, the agency has just thrown a monkey wrench into the works by…
June 8, 2015
As previously discussed here, the National Defense Authorization Act for Fiscal Year 2015 (the Act), made two important changes for Women-Owned Small Businesses (WOSBs). First, the Act authorized certain sole source awards to WOSBs, and second, the Act deleted the prior authorization for WOSBs to self-certify their status and eligibility for award. The Small Business Administration (SBA) has now…
May 22, 2015
In an opinion issued May 7, 2015 in Nat'l Ass'n of Mfrs. v. Perez, D.D.C., No. 1:13-cv-01998, the District Court for District of Columbia rejected various challenges to the Department of Labor (DOL) regulation requiring nearly all federal contracts to post workplace notices informing their employees of their rights under the National Labor Relations Act (NLRA)(the "Posting…
May 18, 2015
The comment period recently closed on a General Services Administration (GSA) proposed rule amending the GSA Acquisition Regulation (GSAR) to require vendors to report transactional data from orders and prices paid by ordering activities. Described as part of the ongoing move to improve federal purchasing through Government-wide category management (announced here and discussed here), the…
November 2, 2015
A recent GAO decision demonstrates the critical importance of timely submitting and following-up with the Small Business Administration (SBA) on your Joint Venture Agreement (JVA) application if you want to obtain a competitive joint venture (JV) award under SBA’s 8(a) business development program. FedServ-RBS JV, LLC, B-411790, Oct. 26, 2015. In this instance, an 8(a)’s failure to pay…
October 26, 2015
It has long been the rule that all items quoted and ordered in a Federal Supply Schedule (FSS) task order competition under FAR Part 8.4 must be on the vendor’s schedule contract at the time the order is awarded. However, a recent Government Accountability Office (GAO) decision clarifies that the critical moment is literally the task order award date, and not the offer or any other…
October 19, 2015
The Small Business Administration (SBA) recently proposed a rule implementing Section 1614 of the National Defense Authorization Act for Fiscal Year 2014 (FY14 NDAA) by modifying the rules relating to certain small business subcontracting plans and the use of small businesses as lower tier subcontractors in connection with such plans. More particularly, the proposed rule would allow an…
October 19, 2015
As you no doubt know by now, President Obama issued Executive Order 13658 on February 12, 2014, establishing a $10.10 per hour minimum wage for employees working on covered federal contracts and subcontracts, starting January 1, 2015. The Department of Labor (DOL) issued a Final Rule (previously discussed here) on October 10, 2014, and the FAR Council issued an Interim Rule on December 15, 2014…
October 5, 2015
Disappointed small business offerors sometimes turn to the certificate of competency (COC) procedures of the Small Business Administration (SBA) when their proposals are found technically unacceptable. Arguing that the unacceptability is actually a matter responsibility that must be considered by SBA, these offerors hope that a favorable COC determination will save the day. Sometimes…
September 21, 2015
DoD is proposing to revise the DFARS rule entitled “Detection and Avoidance of Counterfeit Electronic Parts”. See Proposal here.
The rule proposes amendments to DFARS 246.870 and a new clause at DFARS 252.246-70XX, Sources of Electronic Parts, to require that DoD and its contractors and subcontractors, except in limited circumstances, acquire electronic parts from trusted suppliers in order to…
September 14, 2015
The Small Business Administration (SBA) has issued its eagerly-awaited Final Rule implementing the new sole source award authority for Women-Owned Small Businesses (WOSBs). The Final Rule essentially adopts and follows the Proposed Rule, previously discussed here. Most importantly, the Final Rule authorizes sole source awards in industries identified by SBA in which WOSBs are underrepresented or…
July 27, 2015
Caitlyn Jenner, LaVerne Cox (Orange is the New Black) and the hit Amazon series “Transparent” have vaulted the topic of gender identity into virtually every home, workplace and Facebook feed in the United States. Perhaps less well-known is the “Implementation of Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and…
July 6, 2015
You are a small business, and believe you have the inside track on a substantial services contract opportunity. You have prepared your proposal, including pricing, and proposals are due mid-day tomorrow. You know the procurement is proceeding on a fast-track, with scheduled contract start-up in a month. However, the agency has just thrown a monkey wrench into the works by…
June 8, 2015
As previously discussed here, the National Defense Authorization Act for Fiscal Year 2015 (the Act), made two important changes for Women-Owned Small Businesses (WOSBs). First, the Act authorized certain sole source awards to WOSBs, and second, the Act deleted the prior authorization for WOSBs to self-certify their status and eligibility for award. The Small Business Administration (SBA) has now…
May 22, 2015
In an opinion issued May 7, 2015 in Nat'l Ass'n of Mfrs. v. Perez, D.D.C., No. 1:13-cv-01998, the District Court for District of Columbia rejected various challenges to the Department of Labor (DOL) regulation requiring nearly all federal contracts to post workplace notices informing their employees of their rights under the National Labor Relations Act (NLRA)(the "Posting…
May 18, 2015
The comment period recently closed on a General Services Administration (GSA) proposed rule amending the GSA Acquisition Regulation (GSAR) to require vendors to report transactional data from orders and prices paid by ordering activities. Described as part of the ongoing move to improve federal purchasing through Government-wide category management (announced here and discussed here), the…
