OHA confirms M&A recertification will not impact contractor eligibility under pre-existing contractsApril 1, 2022, Samuel S. Finnerty
For small businesses, navigating the recertification rules promulgated by the Small Business Administration (SBA) is no easy task. SBA rules generally provide that the size of a business is determined on the date of its initial offer, including price, and if the business is small at that time, it will generally be considered small for all the duration of the contract. However, if a business undergoes a merger, sale, or acquisition, or transfers its small business contract to another business (each a triggering event), SBA regulations require that the contractor recertifies its size. Read more here.
JD Supra once again honors PilieroMazza for procurement content, March 31, 2022, Antonio R. Franco, Cy Alba, Nichole D. Atallah
PilieroMazza continues its streak by winning 2022 JD Supra Readers’ Choice Award as “Top Government Contracting Firm” for content for a fifth consecutive year. The partners Isaiah “Cy” Alba, IVfrom Government Contracts Group and Nichole Atallah from Labor and Employment Group for Government Contractors were among JD Supra’s top five authors among a group of more than 1,900 authors. Read more here.
PilieroMazza victory in groundbreaking Randolph-Sheppard ruling could boost food service worker contract awards to federal contractorsMarch 29, 2022, Katherine B. Burrows, Matthew E. Feinberg
The Government Accountability Office (GAO) issued a statement decision on March 24, 2022, in a protest filed by the lawyers of PilieroMazza Katie Burrows and matt feinberg on behalf of JW Mills Management, LLC (JW Mills), B-420416. The decision clarifies the scope of the Randolph-Sheppard Act (RSA) and could lead to new contracting opportunities for federal contractors in the food service, mess and restaurant attendant industry. Federal contractors operating in the food service attendant space should consider how this decision could benefit them in future FLSA solicitations. Read more here.
GSA Moratorium on Enforcement of Economic Pricing Adjustment Provisions: 3 Important Takeaways for Government ContractorsMarch 28, 2022, Jon Williams, Katherine B. Burrows
In response to rising costs for government contractors amid runaway inflation, the General Services Administration (GSA) is temporarily suspending the application of numerous limitations contained in several Economic Price Adjustment (EPA) contract clauses. We summarize three important takeaways for federal contractors, especially small businesses and disadvantaged small businesses, to help you manage your GSA contract performance in light of rapidly changing economic circumstances. Read more here.
SBA issues four final rules to increase small business size standards for many industry sectors
On March 31, 2022, the Small Business Administration (SBA) released four final rules that increase small business size standards for many industries:
(1) SBA increased small business size standards for 46 industry sectors related to professional, scientific, and technical services; management of companies and enterprises; Administrative and support and waste management and remediation services. Read more here.
(2) The SBA has increased small business size standards for 68 industries in the following sectors: agriculture, forestry, fishing, and hunting; Mining, quarrying and oil and gas extraction; Utilities; Construction. Read more here.
(3) The SBA has increased its small business size standards for 70 industries in the following sectors: Educational services; health care and social assistance; Arts, entertainment and recreation; accommodation and catering services; Other services. Read more here.
(4) The SBA increased its small business size standards for 45 industries in the following sectors: transportation and warehousing; Information; Finance and Insurance; Real Estate and Rental and Leasing. Read more here.
As a result, many businesses will become eligible, or remain eligible for a longer period, for federal small business relief programs, including the SBA’s business loan programs, the Economic Injury Loan Program ( EIDL) and federal procurement programs that provide targeted and earmarked programs. opportunities for small businesses. Qualifying small businesses can also benefit from lower fees, less paperwork, and fewer compliance requirements.
SBA Announces 70% Increase in Industries Eligible for Federal Women-Owned Small Business Contracting Program
The Small Business Administration (SBA) has updated the list of industries eligible for reserved federal contracts for the Federal Contractors Program for Women-Owned Small Businesses based on a recent study analyzing industry gaps for women-owned businesses. women-owned businesses. The SBA-commissioned study showed that women-owned businesses are underrepresented or significantly underrepresented in the federal marketplace in hundreds of other industries in the North American Industry Classification System (NAICS). ) than before. Read more here.
Senate Bill Aims to Prevent Organizational Conflicts of Interest in Federal Acquisitions Law
The Senate introduced legislation (S. 3905) to help identify and mitigate potential conflicts of interest between taxpayer-funded projects and other government contractor business opportunities. Read more here.
Use of Sole Source 8(a) Contracts Over $22 Million Increased in DOD Small Business Contracts
The Government Accountability Office (GAO) reports that IIn fiscal year 2021, the Department of Defense (DOD) committed approximately $10.9 billion for contracts awarded under the Small Business Administration’s 8(a) Business Development Program. This program is one of the federal government’s primary means of developing small businesses owned by socially and economically disadvantaged people. Contracts awarded under this program may be competitively contested between eligible 8(a) companies or awarded to a sole supplier in certain cases. For example, 8(a) businesses owned by Alaskan Native corporations, Indian tribes, or Native Hawaiian organizations (for DOD only) may receive sole-source contracts for any dollar amount, while other 8(a) companies generally must compete for contracts with a value above certain thresholds. Read more here.
DOD class deviation memo defines enhanced post-award debriefing rights
When providing post-award debriefing of unsuccessful bidders under Federal Acquisitions Regulation (FAR) 15.506(d), procurement officers must include in the debriefing information an opportunity for the unsuccessful bidder restrained from submitting additional debriefing-related questions within two business days of receiving the debriefing, according to a Department of Defense (DOD) Class Deviation Memorandum effective immediately. The agency must respond to questions in writing within five working days. Read more here.
FEC will not change rules on determining corporate family entities for purposes of federal contractor political contributions
The Federal Election Commission will not change its regulations to determine corporate family entities for the purpose of prohibiting contributions from federal contractors. Read more here.
GSA releases five-year strategic plan
The General Services Administration (GSA) has released a five-year strategic plan that outlines the agency’s priorities and initiatives. These include making it easier and faster for contractors to work with the GSA, using technology and innovation in real estate and acquisition, and promoting interagency collaboration. Read more here
Upcoming Presentations on Government Contracts
Hiring increases in Biden’s 2023 budget proposal would significantly increase OFCCP staff
The Biden administration plans to add 82,000 federal employees in fiscal year 2023, a 3.6% increase that would take the civil service to its highest total since 1969. The Office of Federal Contract Compliance Programs (OFCCP ) has proposed a 50% increase in staff, and the Occupational Safety and Health Administration (OSHA) plans to increase its staff by about 27%. Read more here.
Biden proposes 4.6% raise for federal workers for 2023
government executive reports that President Biden has called on federal workers to receive their biggest annual pay raise in 20 years, releasing a budget proposal that would give civilian employees an average pay raise of 4.6%. Read more here.
Upcoming Labor and Employment Presentations