Small Business Programs & Advisory Services

BLOG: SBA Proposes to Implement Certification Requirement for WOSB/EDWOSBs and Revise Economic Disadvantage Criteria for 8(a) Eligibility

May 15, 2019
By Meghan F. Leemon
A few years ago, we wrote about how through the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a certification process. On May 14, 2019, SBA issued the proposed rule which, if finalized, would implement a certification requirement for WOSBs and EDWOSBs. In this proposed rule, SBA has also proposed revising the economic disadvantage criteria for 8(a) companies, particularly for initial eligibility purposes, and to make these consistent between the 8(a) and EDWOSB programs.

BLOG: Thinking of Forming a Mentor-Protégé Joint Venture? Timing Matters

April 17, 2019
By Kathryn V. Flood
If you are thinking of forming a mentor-protégé joint venture to pursue a particular set-aside contract, it is critical that your timing has enough built-in cushion to ensure that all of the necessary approvals and entity-formation steps are accomplished before you submit your proposal. There is a fairly rigid sequencing of the steps involved in putting together the mentor-protégé application and subsequent joint venture agreement—make sure you do not fall into the trap of skipping a step, or otherwise you may put your proposal at risk.

PilieroMazza's Commitment to Advocating for All Small Businesses and Our Clients

June 14, 2018
By Pamela J. Mazza
A recent blog has come to our attention that discusses a nearly year old case involving an Alaska Native Corporation (ANC) entity. In that case, we appealed a size determination and argued that an ANC entity was too reliant on the experience of its two subcontractors, one of which was its sister company. This situation indicated that the prime contractor may have violated the ostensible subcontractor rule by its undue reliance on its subcontractors to qualify for the contract at issue. The judge disagreed with our argument, so despite our best efforts on behalf of our client, our position unfortunately did not prevail in this case.

SAM Registration Update: Notarized Letter Requirement Change and New Deadline Looming

June 13, 2018
By Antonio R. Franco
As most government contractors may know by now, in order to proactively fight against alleged fraudulent activity in the System for Award Management (SAM), the General Services Administration (GSA) issued a rule that required all entities to "provide an original, signed notarized letter stating that you are the authorized Entity Administrator before your registration will be activated." On June 11, 2018, GSA issued an update to the notarized letter requirement in two parts.

Pre-Award Notifications in a Set-Aside Procurement: Can I Get a Debriefing Now?

March 16, 2018
If you pursue contracts that are set aside for small businesses, you have probably noticed that if your proposal is not successful, you will get what is called a "pre-award" notification from the agency informing you of the identity of "apparently successful offeror." If you receive such a notice, you may be eager to get a debriefing to find out why your company was not identified as the "apparently successful offeror."
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