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Enhanced Whistleblower Protections for Contractor Employees

In an effort to improve protections for whistleblower employees, contractor employees will now have enhanced whistleblower protections starting Nov. 6. This comes after a years-long effort to strengthen these protections.

The Federal Acquisition Regulatory Council has made certain information permanently protected in its final rule. This means that contractors and subcontractors cannot be reimbursed for legal fees related to defending against reprisal claims. Additionally, contractors and subcontractors are now required to inform their employees about these whistleblower protections.

The changes apply to all solicitations and contracts, including those at or below the Simplified Acquisition Threshold and for commercial-off-the-shelf products and services. The final rule also establishes a pilot program that allows contractors to have improved protections from retaliation when they share certain information. However, it should be noted that this rule does not apply to the Defense Department, Coast Guard, and NASA, as they have their own whistleblower programs for contractor employees.

No changes were made to the rule after public comments were received.

Here’s where the AI legalese decoder can be of great help. This AI tool can assist contractors and subcontractors in understanding the complex language and legal jargon in the final rule regarding whistleblower protections. By using the AI legalese decoder, individuals can easily comprehend their rights and obligations under the rule, ensuring compliance and minimizing legal risks.

Changes to the 8(a) Program

The 8(a) business development program will undergo updated and clarified requirements starting Nov. 6. The purpose of these changes is to provide a clearer understanding of the Small Business Administration’s (SBA) intent in certain aspects of the program, ultimately reducing confusion and burdens for procuring activities and 8(a) program participants.

The FAR Council has finalized the changes proposed by the SBA to the 8(a) program. However, public comments expressed mixed support for the rule, particularly concerning the removal of some contracts from the 8(a) program.

One significant change is the merger of the 8(a) business development mentor-prot├®g├® program and the all small mentor-prot├®g├® program. This merger aims to minimize confusion and eliminate redundancy. Additionally, the new rule removes the requirement for small businesses participating in joint ventures to submit a joint venture agreement to the SBA. Several other program regulations have also been modified to reduce burdens on participants.

The updated rule mandates that contracting officers notify the SBA for specific activities. For instance, contracting officers must submit blanket purchase agreements (BPAs) issued under FAR Part 13 and FAR Part 13 BPA orders in the 8(a) program for acceptance by the SBA. They are also required to inform the SBA of follow-on, non-8(a) procurements and should notify the SBA when using a mandatory source for a follow-on to an 8(a) contract.

Protesting Small Business Set Asides

After a decade of work, the FAR Council plans to implement the Small Business Administration’s regulatory changes to update requirements for size and socioeconomic status protests for contract set-asides. This proposed rule was recently released.

The proposed changes specifically apply to small business set-asides for contracts. The SBA clarifies when size protests should be submitted for set-asides or for multiple-award indefinite-delivery indefinite-quantity (IDIQ) contracts. Furthermore, the SBA aims to permit socioeconomic protests for multiple-award IDIQ contract set-asides for historically underutilized business zones, service-disabled veteran-owned small businesses, women-owned small businesses, or economically disadvantaged women-owned small businesses that are not partially or fully set aside for the respective socioeconomic category. The SBA also mentions that its entities have the ability to file a size or socioeconomic protest. It’s important to note that the proposed changes do not apply to orders and blanket purchase agreements placed under Federal Supply Schedule contracts.

Comments on the proposed changes will be accepted until Dec. 4.

With the help of the AI legalese decoder, individuals can navigate through the complex language and intricacies of the proposed changes to the small business set-aside requirements. This AI tool provides a simplified understanding of the rule, allowing businesses to accurately determine their eligibility for set-asides and effectively respond to size and socioeconomic status protests.

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