Government Contracts MonitorSmall Business / Socioeconomic IssuesProtests Are Not a Potential Solution to Every ProblemJuly 5, 2017 Contractors sometimes fall into the trap of thinking of protests as a sort of silver bullet that can be used, at least in theory, to remedy any problem. Whether this perspective reflects the contractor’s own past protest success or its perception that the procedure has allowed others to avoid bad outcomes, it substantially overstates the availability–and hence ultimate utility--of the protest… Start-Ups Planning to Pursue Small Business Set-Aside Contracts Face Unique Compliance IssuesJune 21, 2017 Starting a business is not for the faint of heart. Establishing and operating a start-up always entails careful consideration of a wide variety of legal and practical issues. Success or failure can depend on the choice of entity, agreed-upon buy-out provisions, the selection of teammates and suppliers, or any of a multitude of other key decisions. When a firm’s business plan includes the pursuit… Feds Meet FY16 Small Business Prime Contracting Goals (Except WOSB and HUBZone), But Individual Agency & Overall Subcontracting Shortfalls Persist, Providing Marketing OpportunitiesJune 6, 2017 The U.S. Small Business Administration (SBA) recently announced the federal government’s Fiscal Year 2016 (FY16) small business goaling results and Small Business Procurement Scorecard. According to SBA, the federal government achieved its 23% small business contracting goal for the fourth straight year, awarding 24.34% of federal prime contracts, totaling $99.96 billion, to small business. While… Size Protests Must Be Specific and Factually Supported, and Include Supporting Documentation; Deficiencies Cannot Be Cured on AppealMay 17, 2017 SBA’s Office of Hearings and Appeals (OHA) recently reiterated an important pleading sufficiency warning that we have discussed previously, most recently here – namely, that, while informal, size protests must be sufficiently specific and factually supported, and protestors should include supporting documentation with their protests. Specifically, in Size Appeal of Nugate Group, LLC, SBA No.… Short Take: NAICS Code Appeals: Timeliness Is Paramount, But Appeal Based on Presolicitation Notice Is PrematureMay 9, 2017 As we have discussed previously, timing is everything in filing North American Industry Classification System (NAICS) code appeals at the Small Business Administration (SBA)’s Office of Hearings and Appeals (OHA). This is because NAICS code appeals must be filed within a relatively short 10 calendar days after issuance of the initial solicitation, per 13 C.F.R. § 121.1103(b)(1). OHA strictly… Competitive Range Exclusion of Small Business Based on Insufficient Capabilities Requires Certificate of Competency (COC) Referral to SBAMay 9, 2017 The Government Accountability Office (GAO)’s recent decision in Competitive Range Solutions, LLC, B-413104.10, Apr. 18, 2017, provides a valuable reminder that Certificate of Competency (COC) referrals to the Small Business Administration (SBA) are required in broader contexts than pure non-responsibility determinations. Specifically, SBA’s regulations provide, inter alia, that a contracting… GAO Recommends DOD Act to Ensure that Its Pilot Mentor/Protégé Program Enhances the Capabilities of Protégé FirmsApril 19, 2017 The Government Accountability Office (GAO) has identified a number of problems in DOD’s Pilot Mentor-Protégé Program, including a lack of standard operating procedures that DOD components are required to follow to approve Mentor-Protégé Agreements (MPAs), resulting in many MPAs not including required elements necessary to ensure the Protégé's eligibility and Program compliance. GAO further… Short Take: Hopewell Darneille to Present at DYNET 2017, Fairmont, WV -- April 13, 2017March 6, 2017 Hopewell Darneille, of the Firm’s Washington, DC office, will be a presenter at the eighth annual Dynamic Networking for Small Business (DYNET) Conference, a federal and prime contracting event in Fairmont, West Virginia, on April 13, 2017 at the Robert H. Mollohan Research Center. Mr. Darneille will co-present a workshop on “SBA’s NEW Joint Venture Rules,” with Melissa Loder, the principal… Short Take - VA Increases SDVOSB/VOSB Program Eligibility to Three (vs. Two) Years Before Requiring ReverificationFebruary 20, 2017 One of the biggest complaints about the Department of Veterans Affairs (VA)’s programs for Veteran-Owned Small Businesses (VOSB) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) has been that program eligibility, granted on the basis of an exhaustive process, was valid for only one, and subsequently two, years, before having to be reestablished through an intensive reverification… Size Protests 101: Ensure Your Protest Is Sufficiently Specific, Factually Supported and Raises All Applicable Protest GroundsFebruary 7, 2017 As discussed previously, a size protest is a valuable, low cost, way to challenge the size of an announced winning competitor, and possibly get a second bite at an award if such company is not, in fact, small and is disqualified. SBA’s size protest sufficiency filing threshold is low. Importantly, once crossed, SBA shifts the burden to the protested concern to establish its small business size… Beware Abusing Socio-Economic Programs in Federal Procurement – Indictment Alleges SDVOSB “Rent-a-Vet” Scheme, Seeks Assets ForfeitureJanuary 17, 2017 Individuals and companies should carefully consider the many serious risks, including criminal prosecution and forfeiture of assets, before seeking to improperly take advantage of and abuse federal programs created to advantage various socio-economic groups. These programs include Government contract set-aside programs for Veteran-Owned (VOSBs), Service-Disabled Veteran-Owned (SDVOSBs),… <center>New Year’s Resolutions, 2017</center>January 3, 2017 Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings Happy New Year! The start of a new year is a time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2017. 1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies… |
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