Welcome to the fourth edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. Contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guide for future changes at their respective levels. Changes recently made in the federal arena are likely to trickle down to state and local governments. Continue Reading Legal Landscape: SBA Expands the WOSB/EDWOSB Contract Program, Importance of the Economic Loss Rule and Self-Reporting Requirement Changes
Maria L. Panichelli is a Partner in the Firm’s Construction and Federal Contracting Groups. As a member of the Federal Group, Maria represents a national client base of prime and sub-contractors, with a focus on federal construction contracting, and small business procurement issues.
Maria is active in a number of federal contracting- and/or construction-related professional associations. She works closely with several Procurement Technical Assistance Centers, providing educational content for a variety of government contractors. Maria is also a community partner at Govology, a legal content contributor to VetLikeMe, Targetgov, and Onvia, and a faculty member at the Government Contracting Institute.
On March 9th, 2016, join Maria Panichelli and Amy Kirby for their two seminars, “The Fundamentals of the Far Part 1, 2 and 3,” and “Debriefings, Bid Protests and Size Status Eligibility,”as part of the Procurement Technical Assistance Center of Delaware‘s (PTAC) two part seminar event, Two Seminars on the Same Day, One Price.
For more information on these seminars, please click here.
On March 3, 2016, the SBA announced that it has expanded the list of industries in which a contract can be set-aside for women-owned small businesses (“WOSB”) or economically disadvantaged women-owned small businesses (“EDWOSB”). This expansion was mandated last year by section 825 of the National Defense Authorization Act for Fiscal Year 2015 (“NDAA”), which required numerous changes be made to the SBA’s WOSB/EDWOSB contracting program.
After you’ve secured your Federal government contract award, what comes next? As any Federal contractor will tell you, the contract award is only the beginning. The FAR and its supplementary regulations impose a host of obligations on contractors, and can impact the ways in which a contractor performs a contract. These rules and regulations also dictate the ways in which those contractors can seek compensation for unanticipated costs incurred on the job. In this webinar, Ed and Maria will explore Requests for Equitable Adjustment, Claims, and the differences between the two. As they walk you through the Contract Disputes Act process, you will also learn how to maximize your chance of success when making claims against the Federal government.
You can listen to their webinar here.
Welcome to the third edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. In this issue, we discuss recent trends in federal, state and local government contracting. Contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guide for future changes at their respective levels. Changes recently made in the federal arena are likely to trickle down to state and local governments soon.
Continue Reading Legal Landscape: Top News in the Mentor-Protégé Program, Bond Claims & DBE Fraud
It’s been an eventful November for the Federal Government’s VOSB/SDVOSB programs. First, the Department of Veterans Affairs (“VA”) issued a proposed rule outlining changes that would drastically change the manner in which eligibility requirements are analyzed (you can read about it here). Now, Congress is proposing additional changes to the VOSB and SDVOSB verification process. Continue Reading Additional Changes Concerning VOSB/SDVOSB Verification?
Listen up, VOSBs and SDVOSBs! Major changes are in store for the Department of Veterans Affairs’ VOSB/SDVOSB program.
On November 6, 2015, the VA issued a proposed rule, which could drastically change the way the two eligibility requirements for VOSBs and SDVOSBs are interpreted. The VA explained the changes as follows: Continue Reading VA Proposes Changes to VOSB/SDVOSB Regulations, Aims for Consistency with COFC Ruling in Cohen Seglias’ Miles Construction Case
As many of you already know, back in February 2015, the SBA issued its long-awaited proposed rule aimed at expanding its mentor-protégé program. The proposed regulations implement changes introduced by the Jobs Act of 2010 and the National Defense Authorization Act of 2013, and would permit firms, other than those that are 8(a) Certified, to participate in the mentor-protégé program. Moreover, if the proposed rule becomes final, all of the companies participating in the revamped program will be able to take advantage of the exclusion from affiliation. While this was great news for many at the time, it has been almost nine months since this rule was issued and there has been no sign of any further action by the SBA. Many of our clients have been asking when the SBA is actually going to put these changes into effect. Well, it seems like we might finally have an answer. Continue Reading The SBA Offers Some Specifics on the Expansion of the Mentor-Protégé Program
Welcome to the second edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. In this issue, we discuss recent compliance and enforcement trends in federal as well as state and local government contracting. State and local contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guideline; changes recently made in the federal arena are likely to trickle down to state and local governments soon.
The Construction Industry offers tremendous opportunities and challenges for any business owner. However, when your customer is the federal government, there are extra requirements that can either make or break your business. What happens when you get the bad news that you didn’t win that contract you were competing for? Want to know why? Join Jennifer Horn and Maria Panichelli for the WIPP/Give Me 5 webinar The Fundamentals of the FAR, Part 3: Debriefing and Protests on Wednesday, April 29th to find out if there is any way to fight an agency’s decision and prevail—in spite of an initial rejection. In this webinar you’ll learn all about debriefings and protests. Jennifer and Maria will not only teach you how to use debriefings to see what you did wrong and what you did right, they’ll walk you through the proper protest procedure when you know the contract was improperly awarded to someone else. Register here!
WIPP is a national nonpartisan public policy organization advocating on behalf of its coalition of 4.7 million businesswomen including 75 business organizations. WIPP identifies important trends and opportunities and provides a collaborative model for the public and private sectors to increase the economic power of women-owned businesses. Give Me 5%, named after the 5% federal contracting goal for women-owned businesses, was created to educate women business owners on how to apply for and secure federal procurement opportunities. GiveMe5 is working to improve the WOSB Procurement Program to increase access to contracts for women entrepreneurs.
Jennifer M. Horn is a Partner at Cohen Seglias and a member of the Construction Group. She concentrates her practice in the areas of construction litigation and real estate.
Maria L. Panichelli is an Associate in the firm’s Federal Contracting Practice Group. Her practice includes a wide variety of federal contracting and construction matters, as well as all aspects of small business procurement.