New SBA Rule Imposes Stricter Standards Affecting Size and Status Representations

Last Friday, the U.S. Small Business Administration (“SBA”) issued the long-awaited final rule implementing provisions of the Small Business Jobs Act of 2010 (“Jobs Act”) pertaining to small business size and status integrity. The new rule, while softened from the proposed rule, implements a strict standard with wide-ranging consequences for contractors representing their size or status under the System for Award Management (“SAM”) database or submitting a proposal under a solicitation reserved or intended for small businesses or businesses participating . . . Read More

VA Seeks Comments on How to Improve its SDVOSB Regulations

On May 13, 2013, the U.S. Department of Veterans Affairs (“VA”), Office of Small and Disadvantaged Business Utilization, issued an Advanced Notice of Proposed Rulemaking, seeking comments on how to improve the regulations governing the VA’s Verification Program for SDVOSBs and VOSBs. See 78 Fed. Reg. 27882 (May 13, 2013). The VA is planning to amend its regulations to provide greater clarity, to streamline the verification program, and to encourage more veteran-owned firms to participate in the program. As an . . . Read More

PilieroMazza Legal Advisor – Second Quarter 2013

In This Issue: Beware of “Boilerplate” When Drafting Contract Provisions PilieroMazza Seminars and Events Lowest Price Technically Acceptable: It Doesn’t Work for Your Retirement Plan Either Risks of Delaying Your Debriefing Until After Award HUBZone Designation Update

Right-Sized: How a Contractor and its Outside Counsel Adjusted a GSA Schedule BPA RFQ to the Appropriate Size Standard

An article by Jon Williams and Alex Levine’s published in February’s Contract Management Magazine. Last summer, we helped a contractor with a case that had all of the plot twists of a Hollywood blockbuster. The case involved an RFQ for a blanket purchase agreement (“BPA”) under a GSA Schedule Contract. There were multiple Special Item Numbers (“SINs”) on the schedule, with different NAICS codes and size standards. The procuring agency issued the RFQ as a total set-aside for small businesses, . . . Read More