Compliance Stuff

  The recent rewrite of the Federal Acquisition Regulation (FAR) Part 6—governing “Competition Requirements”—is prompting questions about whether the changes may signal a shift in federal small business contracting policy . In particular, the removal of explicit references to certain socioeconomic program provisions raises concerns in the small business community.   In this blog, PilieroMazza dissects the FAR Part 6 rewrite, concluding that most revisions appear to be structural rather than substantive. However, the unresolved status of the “Rule of Two” continues to raise concerns regarding the protection of small business set-aside opportunities. A. The Rule of Two: Why Statutory Codification Is Essential As most federal contractors are well aware, the FAR Overhaul is well underway, with an overarching goal of eliminating regulations that are not explicitly grounded in statutory authority. While we have yet to see the revised FAR Part 19—which currently houses the “Rule of T...

  The election of former President Trump has the potential to significantly change the federal procurement landscape. As with his first term, President-elect Trump will prioritize government efficiency, including plans to reduce the federal workforce and certain spending.   Government contractors could see (1) reductions in the federal workforce; (2) disruptions in the procurement process, resulting in slower procurements; (3) increased reliance on  Governmentwide Acquisition Contracts (GWACs), which may lead to fewer opportunities for small business set-asides; and (4) contracts in certain sectors—e.g., infrastructure, defense, and cybersecurity—likely remaining unaffected or presenting more opportunities, while other areas such as Education, diversity support, and a variety of other areas being cut substantially. Anticipated Federal Workforce and Spending Cuts The Trump administration’s prioritization of efficiency will likely include cuts to the federal workforce and ...

  The SBA dropped a bombshell   proposed  rule   last week that it estimates could result in an additional $6 billion in government contract task or delivery orders going to   small businesses . The rule would confirm that the the advantageous (though occasionally maligned)  Rule of Two  applies to competitions under multiple award contracts (MACs). The increased use of large multi-award contracts helps and hurts small businesses These  huge  contracting vehicles—Government-Wide Acquisition Contracts, Multi-Agency Contracts, Blanket Purchase Agreements—are generally indefinite delivery, indefinite quantity (“IDIQ”) where those companies that hold the contracts later compete for task or delivery orders placed by authorized agencies. Over the last decade or so, these vehicles have grown in popularity. Though they almost always include a small business reserve, some advocates have complained that the small businesses even if they are awarded ar...