Small Business Programs & Advisory Services

PilieroMazza Submits Comments in Reponse to Revision of Limitations on Subcontracting

February 4, 2019
On February 4, 2019, PilieroMazza submitted comments on RIN 3245-AG86, Proposed Rule National Defense Authorization Acts of 2016 and 2017, Recovery Improvements for Small Entities After Disaster Act of 2015, and Other Small Business Government Contracting.

SBA has already issued a thorough body of regulations dealing with the limitations on subcontracting, and SBA has the authority under the Small Business Act to mandate the level of performance by prime contractors on small business set-aside contracts. Therefore, SBA’s regulations represent the appropriate standard for the limitations on subcontracting, and we agree with the FAR Council’s efforts to conform the FAR with SBA’s rules. However, as discussed in our comments, we believe the proposed FAR clauses require further revisions to ensure they are consistent with the existing SBA regulations. Read our full comments here.

PilieroMazza Submits Comments on Recent VA Rulemaking Proposed Rules

January 24, 2019
On January 24, 2019, PilieroMazza submitted comments to the U.S. Department of Veterans Affairs in response to the proposed rule issued on November 29, 2018, RIN 2900-AQ24—VA Acquisition Regulation: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace; Protection of Privacy and Freedom of Information; Other Socioeconomic Programs; and Contract Modifications.

Our comments ask that the proposed rules fully implement VA's mandate to give contracting priority to SDVOSBs, then VOSBs, then over to all other businesses contracting with the VA. Download our comments.
  • VAAR Part 826 Will Be Beneficial, But It Needs Further Clarification
    • VA should not use the phrase “shall consider” because this suggests that VA contracting officers have discretion in whether to provide evaluation preferences for SDVOSBs and VOSBs, which they do not. Moreover, it is unclear how that discretion would be exercised if it existed (which it does not). 
  • The VAAR Must Fully Implement the Vets Act Priority for SDVOSBs and VOSBs
    • In light of the above, it is important to emphasize that the Vets Act mandates that there is a preference for VA to award contracts in the following order of priority: (1) contracts awarded to SDVOSBs; (2) contracts awarded to VOSBs that are not SDVOSBs; (3) contracts awarded pursuant to Section 8(a) or Section 31 of the Small Business Act; (4) contracts awarded pursuant to any other small business contracting preference.
  • When applying the full and partial credit for SDVOSBs and VOSBs under subsection (b) in a procurement where price is the only factor or that uses a lowest price technically acceptable source selection process as described in FAR 15.101-2, the contracting officer must deem the price offered by a verified SDVOSB to be 10% lower than its proposed price for evaluation purposes. The contracting officer must deem the price offered by a verified VOSB to be 5% lower than its proposed price for evaluation purposes.

Heading to the SAME Small Business Conference in New Orleans?

November 1, 2018
   

Join Tony Franco and Megan Connor at the SEBAC Speaker Session at the SAME Small Business Conference on November 1, 2018.

 

“Update on Legal Developments for Small Business Contractors”


This year, Congress and federal agencies have made tweaks to some of the laws and regulations affecting government contractors, including use of LPTA procurements, cybersecurity, and the definitions of commercial services and commercial products. This session will provide an update on those changes and how they may impact your business. There have also been some interesting rulings by the GAO, Court of Federal Claims, and SBA Office of Hearings and Appeals. Highlights include GAO’s OTA decision as well as OHA’s new authority regarding CVE appeals and eligibility protests. For small businesses, there have been developments in the HUBZone Program, ownership and control requirements for SDVOSB companies, limitations on subcontracting rules, size standards, and the receipts size calculation, all of which this session will cover.

Date:     November 1, 2018
Time:     8:00 a.m.
Place:    Marriott Downtown New Orleans at the Convention Center* - Fulton Meeting Room
*The Marriott Downtown New Orleans is directly across from the New Orleans Convention Center, the venue for the SAME 2018 Small Business Conference.

RSVP Here
 
 

Jon Williams Interviewed by Veterans N Transition on Partnering & Teaming

June 19, 2018
Jon Williams was recently interviewed by Veterans N Transision at the Veterans in Business Conference. In this video, Jon was asked about choosing the right teaming partner and how to protect your company and your teaming agreements. He also got the chance to talk about PilieroMazza's commitment to the Veteran Community.

PilieroMazza Works With the House Small Business Subcommittee to Examine VA Compliance with Vets First

June 12, 2018
On June 7, 2018, the House Committee on Small Business Subcommittee on Investigations, Oversight, and Regulations (“Subcommittee”) held a hearing to examine the resources of the U.S. Department of Veterans Affairs (“VA”) for veteran-owned small businesses (“VOSB”), specifically the Veterans First Contracting Program (“Vets First”). The Subcommittee invited testimony from the National Veteran Small Business Coalition, the American Legion, and two service-disabled veteran-owned small businesses (“SDVOSB”). 

At the hearing, Subcommittee Chairman Trent Kelly said that despite VA’s authority to assist veterans through the Vets First program, “VA has continued to impede its own authority and work against the intentions of Congress by creating internal regulations and policies that make it harder to award contracts to veteran-owned small businesses.”  The statements of the Subcommittee members and the testifying witnesses confirmed the issues plaguing SDVOSBs and VOSBs that do business with VA through the Vets First program due to the significant efforts of VA to minimize and avoid using the Vets First program.  PilieroMazza attorneys Jon Williams and Julia Di Vito, along with the Coalition to Defend Vets First, helped to get this hearing scheduled by the Subcommittee and attended the hearing along with a PilieroMazza client who testified about this important issue. 

This hearing was a substantial first step in advancing SDVOSB, VOSB, and small business issues that PilieroMazza has been working to get VA and Congress to address.  For more information about this hearing, click here.
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