PilieroMazza Weekly Report for 2/27/2015

pillieromazzalogoIt has been a few weeks since the last Weekly Report from our lawyers in  DC.  Please Click Here for the latest report.   There are some pending changes to SBA limitations on subcontracting that are worth noting.

In this week’s report:

GOVERNMENT CONTRACTS

  • SBA Considering Extending Comment Period for Proposed Rule on the Limitations on Subcontracting
  • GSA Issues Proposed Rule to Amend Federal Property Management Regulations/Federal Management Regulation; Supply and Procurement
  • DoD Updates Synchronized Pre-Deployment and Operational Tracker Business Rule
  • DoD Issues Final Rule to Amend DFARS Domestic Source Restrictions on Certain Naval Vessel Components (DFARS Case 2014-D022)
  • President Obama Signs Executive Order 13691, Promoting Private Sector Cybersecurity Information Sharing
  • A Notice Was Issued for the Committee for Purchase From People Who Are Blind or Severly Disabled

 

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SBA (Small Business Administration) Proposes Change to Small Business Mentor-Protégé Program

From the latest PilieroMazza report, the SBA recently issued a Proposed Rule to Amend:sbalogo

  • Small Business Mentor Protégé Program, Small Business Size Regulations, Government Contracting Programs, 8(a) Business Development/Small Disadvantaged Business Status Determinations;
  • HUBZone Program;
  • WOSB Federal Contract Program,
  • and Rules of Procedure Governing Cases Before OHA

The U.S. Small Business Administration (SBA) issued a proposed rule to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, 80 Fed. Reg. 6618.  See the full SBA account here.

Based on authorities provided in these two statutes, the proposed rule would establish a Government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for Participants in SBA’s 8(a) Business Development (BD) program. Continue reading

PilieroMazza Weekly Report for 2/6/2015

pillieromazzalogoPlease Click Here for the Weekly Report. There are some major changes to the  SBA Mentor Protege program…

In this week’s report:

GOVERNMENT CONTRACTS

  • DOL Issues Notice of Proposed Rulemaking Regarding Discrimination on the Basis of Sex

SMALL BUSINESS ADMINISTRATION

  • SBA Issues Proposed Rule to Amend Small Business Mentor Protégé Program, Small Business Size Regulations, Government Contracting Programs, 8(a) Business Development/Small Disadvantaged Business Status Determinations; HUBZone Program; WOSB Federal Contract Program, and Rules of Procedure Governing Cases Before OHA
  • SBA Issues Notice of Intent to Waive the Nonmanufacturer Rule for Warehouse Instantly Adjustable Racking Systems
  • Committee for Purchase From People Who Are Blind or Severely Disabled: Several Notices were Issued

PilieroMazza Weekly Report for 12/19/2014

pillieromazzalogoPlease Click Here for the Weekly Report. In this week’s report:

GOVERNMENT CONTRACTS

  • DoD, GSA, and NASA Issue Proposed Rule to Amend FAR Prohibition on Contracting With Inverted Domestic Corporations – Representations and Notifications
  • DoD, GSA, and NASA Issue Federal Acquisition Circular 2005-79
  • DoD, GSA, and NASA Issue Interim Rule to Amend FAR Establishing a Minimum Wage for Contractors
  • DoD, GSA, and NASA Issue the Small Entity Compliance Guide
  • NASA OIG Conducts Audit Regarding Costs Incurred on NASA’s Cost-Type Contract
  • Linking Small Business Subcontractors to Prime Contracts Is Not Feasible Using Current Systems

CAPITOL HILL

  • Defense Bill Extends Disputed Small Business Program
  • Notices Issued by the Committee for the Purchase From People Who are Blind or Severely Disabled

Are mentor-protégé team awards under greater scrutiny?

SBA 8(a) Mentor-Protégé Joint Ventures Beware: No Guarantee of Exemption from the Rules of Affiliation

BY REGINALD M. JONES ON DECEMBER 15, 2014
The Federal Government Contracts & Procurement Blog

Just because an 8(a) small business and a large business have been approved to participate in the Small Business Administration’s (SBA) 8(a) mentor-protégé program under 13 CFR § 124.520 does not mean that any joint venture between the two companies will be automatically exempt from the rules of affiliation.

In a recent, first of its kind, decision, a joint venture consisting of an approved mentor-protégé team was awarded, and then lost, a multi-million dollar U.S. Army Corps of Engineers (Corps) small business set-aside contract to design and build an Army Reserve Center because the SBA found the joint venture partners to be affiliated under the SBA’s rules of affiliation (13 CFR § 121.103).

After award, the contracting officer questioned whether the joint venture agreement submitted by the joint venture partners satisfied the SBA’s rules and initiated a size protest with the SBA Area Office.  The Area Office determined that the joint venture agreement did not itemize all major equipment, facilities, and other resources to be provided by each party, failed to specify the responsibilities of the parties, and did not show how the joint venturers would meet the minimum performance requirements.

Continue reading the full article…

PilieroMazza Weekly Report for 12/12/2014

pillieromazzalogoPlease Click Here for the Weekly Report. In this week’s report:

GOVERNMENT CONTRACTS

  • DoD Issues Final Rule to Amend DFARS Foreign Commercial Satellite Services (DFARS Case 2014-D010)
  • DoD Issues Final Rule to Amend DFARS Forward Pricing Rate Proposal Adequacy Checklist (DFARS Case 2012-D035)
  • DoD Issues Final Rule to Amend DFARS Elimination of Quarterly Reporting of Actual Performance Outside the United States (DFARS Case 2015-D001)
  • DoD Issues Memorandum Regarding Implementation of Uniform Procurement Identification
  • No More FOUO: Government Plans to Simplify Labeling of Sensitive Information
  • Transforming the Market Place: Simplifying Federal Procurement to Improve Performance, Drive Innovation, and Increase Savings
  • DOL OFCCP Issues Final Rule to Implement Executive Order 13672, Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors

CAPITOL HILL

  • President Signs Executive Order 13682, Closing of Executive Departments and Agencies of the Federal Government on Friday December 26, 2014

SMALL BUSINESS

  • SBA Issues Notice Seeking Public Comment Regarding Franchise Agreement Reviews, Affiliation and Eligibility for Financial Assistance
  • Notices Issued by the Committee for the Purchase From People Who are Blind or Severely Disabled

PilieroMazza Weekly Report for December 5, 2014

pillieromazzalogoPlease Click Here for the Weekly Report (downloadable PDF).

In this week’s report:

GOVERNMENT CONTRACTS

  • DoD, GSA, and NASA Issue Proposed Rule to Amend FAR, Information on Corporate Contractor Performance and Integrity
  • NDIA Pathway to Transformation, Acquisition Reform Recommendations
  • DoD, GSA, and NASA Issue Federal Acquisition Circular 2005-78
  • DoD, GSA, and NASA Issue Final Rule to Amend FAR, Incorporating Section K In Contracts
  • DoD, GSA, and NASA Issue Final Rule to Amend FAR, Streamlining Claims Processing
  • DoD, GSA, and NASA Issue Final Rule to Amend FAR, Higher-Level Contract Quality Requirements
  • DoD, GSA, and NASA Issue Small Entity Compliance Guide
  • DoD, GSA, and NASA Issue Proposed Rule to Amend FAR, Inflation Adjustment of Acquisition Related Thresholds
  • Pentagon May Be Forced to Release Aircraft Manufacturer’s Contract Data

CAPITOL HILL

  • Federal IT Overhaul Included in Defense Bill, Headed for Vote

SMALL BUSINESS

  • SBA Issues Correction to Interim Final Rule Small Business Size Standards, Adoption of 2012 NAICS for Size Standards.