February 11-13, 2019
Gaylord Opryland Hotel and Convention Center
Visit PilieroMazza at the TRIAD and 8(a) Association's Annual Small Business Conferences next week.
In the Exhibit Hall at Booth 503
TRIAD Breakout Session - Small Business Fables
Monday at 3:00 with Megan Connor
8(a) Breakout Session - Strategies for Growth: Acquiring a Small Business with Federal Contract Assets
Wednesday at 1:45 with Cy Alba
We submitted our comments on the U.S. Small Business Administration’sroposed rule on amendments to its regulations to implement several provisions of the National Defense Authorization Acts of 2016 and 2018 and the Recovery Improvements for Small Entities After Disaster Act of 2015 (“RISE Act”), as well as other clarifying amendments. 83 Fed. Reg. 62516. Our firm represents small businesses and their teaming and joint venture partners operating across the government contracting spectrum. Although many of SBA’s proposed changes are welcome to the small business contracting community, we believe that several of the proposed rules will create confusion and compliance challenges for small business contractors. Read our full comments here.
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.
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.
Join Jon Williams on Monday, December 3, 2018, at the NCMA Government Contract Management Symposium
“Ahead of the Curve: Cybersecurity and the Competitive Edge in Federal Procurements”
Government contractors handling controlled unclassified information for DoD are expected to comply with new cybersecurity standards set forth in NIST SP 800-171. Learn about the new requirements and how getting ahead on cyber compliance can give you a competitive advantage for federal procurements.
Date: December 3, 2018
Room: Potomac V/VI
Register for the conference here