Small Business Programs & Advisory Services

BLOG: GAO Defers to SBA on When Runway Extension Act Applies

August 20, 2019
By Emily J. Rouleau
Last year, Congress passed—and President Trump signed—the Small Business Runway Extension Act (the "Runway Extension Act" or the "Act"), which changed the time period for determining a company's size based on average annual receipts from the previous three years to the previous five years. This summer, the Small Business Administration ("SBA") finally published its proposed rule to amend its regulations and change the period of measurement for receipts-based size calculations from three years to five years. As my colleague Megan Connor noted in her blog, SBA was slow to implement the change imposed by the Runway Extension Act because it believes the Runway Extension Act amended a section of the Small Business Act that does not apply to SBA. Now, the Government Accountability Office ("GAO") has deferred to SBA's interpretation, days before comments to SBA's proposed rule are due. While GAO's decision may signal that offerors may need to continue to calculate their average annual receipts based on the previous three year, this is an open and developing issue, especially until SBA finalizes a rule implementing the Runway Extension Act.

BLOG: Better Late Than Never, But Never Late Is Better: Understanding FAR's Government Control Exceptions to Late Proposals

July 24, 2019
By Anthony M. Batt
PilieroMazza attorneys have seen a number of government contractor clients encounter the same problem: They timely emailed a proposal to a government agency, but, for reasons unknown, the proposal was delivered late or was never received by the Contracting Officer ("CO"). There, the CO normally enforces the Federal Acquisition Regulation's ("FAR") strict "Late is Late" policy and rejects the proposal. Fortunately, in certain circumstances, it is possible to employ the Government Control Exception to salvage allegedly late proposals; however, the Government Accountability Office ("GAO") and the Court of Federal Claims ("COFC") interpret that exception differently. Any government contractor whose timely emailed proposal is rejected due to the "Late is Late" policy, is encouraged to work with an experienced government contracts attorney who can help them overcome the rejection.

BLOG: How Government Contractors Can Take Advantage of CPARS Trends to Win (and Maintain) Federal Contracts

July 19, 2019
By Samuel S. Finnerty
On July 18, 2019, the Professional Services Council hosted an important event covering Contractor Performance Assessment Reporting System ("CPARS") trends, their impact on contractor past performance ratings, and the consequence they have on winning federal contracts. As one of the speakers at this event, PilieroMazza's Samuel Finnerty offered recommendations on what government contractors can do now to proactively engage and manage their CPARS ratings and position themselves for future growth.

BLOG: SBA to Increase Size Standards with Inflationary Adjustment

July 17, 2019
By Megan C. Connor
Tomorrow, SBA will issue an interim final rule increasing the receipts-based size standards for inflation. An unpublished version of the rule is available here. The change should be effective August 17, 2019, 30 days after the scheduled publication of the rulemaking. Comments to the rule are due September 16, 2019. For government contractors whose status changes in the System for Award Management ("SAM") from "other than small" to "small," as a result of the inflation adjustment, SBA advises that the business update their SAM profile and complete the "representations and certifications" section of SAM. Doing so will provide a more competitive environment for government contractors whose status changes to a "small business."

BLOG: SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act

June 24, 2019
By Megan C. Connor
On June 24, 2019, the Small Business Administration (SBA) published its long-awaited proposed rule changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018. SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA. "Nevertheless," SBA says, "to promote consistency government-wide on small business size standards, SBA proposes to change its own size standards to provide for a 5-year averaging period for calculating annual average receipts for all receipts-based size standards." Smaller and larger small businesses industry wide could be impacted in terms of gaining access to government contracts. PilieroMazza will be submitting comments to the proposed rules on behalf of our small business clients before the August 23, 2019, deadline.
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