The Weekly Update for April 12, 2019
GOVERNMENT CONTRACTING The Small Business Administration (SBA) issued a notification of the availability of a white paper regarding the revision of its size standards methodology and explaining how it establishes, reviews, or revises small business size standards. The revised white paper, entitled “SBA’s Size Standards Methodology (April 2019)” (Revised Methodology) is available on the SBA’s website, as well as on the Federal rulemaking portal . SBA intends to apply the Revised Methodology to the ongoing second five-year comprehensive review of size standards required . . . Read More
ANNOUNCEMENT: PilieroMazza Promotes Litigator Matthew Feinberg and Government Contracts Lawyer Michelle Litteken
We are pleased to announce the promotion of Matthew Feinberg to Partner in the firm’s Litigation Group and of Michelle Litteken to Counsel in our Government Contracts Group . Mr. Feinberg is an accomplished litigator with over a decade of experience in all aspects of state and federal civil and appellate litigation, in addition to alternative dispute resolution. His advocacy for corporate clients – from small businesses to publicly traded companies – gives him a unique perspective on successful litigation strategies for achieving the best possible outcome . . . Read More
The Weekly Update for April 5, 2019
HEARING ON THE SMALL BUSINESS RUNWAY EXTENSION ACT PilieroMazza’s Megan Connor testified at the House Small Business Subcommittee on Contracting and Infrastructure’s hearing on March 26, 2019, concerning the implementation of the Small Business Runway Extension Act (H.R. 6330) (the “Act”). The Act was signed into law in December 2018 and was designed to help small businesses successfully bridge the gap between competing in the small business space and the open marketplace against larger companies by changing the time period . . . Read More
DoD Proposes to Apply Non-Manufacturer Rule to All 8(a) Contracts
Nearly three years ago, the U.S. Small Business Administration (“SBA”) issued a final rule that standardized the limitations on subcontracting and the non-manufacturer rule (“NMR”) that apply to small business concerns, including participants in SBA’s 8(a) Business Development Program. In a step toward regulatory conformity, the Department of Defense (“DoD”) is now proposing to implement the revised NMR for 8(a) participants that contract with DoD. These entities should familiarize themselves with the proposed rule (“Rule”), which is summarized below. As a brief background, the . . . Read More
Comments Submitted in Response to RIN 2900-AQ21 – VA Acquisition Regulation: Competition Requirements
On April 2, 2019, PilieroMazza submitted comments on RIN 2900-AQ21—VA Acquisition Regulation: Competition Requirements. Includes our comments on: The amendments to VAAR 806.501 will be beneficial, but must be implemented correctly and should include other amendments. In our experiences, small businesses often are unsure of who to contact with small business-related concerns regarding a solicitation. Knowing exactly who to contact at VA and SBA will save time and allow small businesses access to resolve concerns with a solicitation, and may . . . Read More
The Weekly Update for March 22, 2019
HEARING ON THE SMALL BUSINESS RUNWAY EXTENSION ACT The House Small Business Subcommittee on Contracting and Infrastructure is holding a hearing on Tuesday, March 26, 2019, at 10:00 a.m., concerning the implementation of the Small Business Runway Extension Act (H.R. 6330) (the “Act”). The Act was signed into law in December 2018 and was designed to help small businesses successfully bridge the gap between competing in the small business space and the open marketplace against larger companies by changing the . . . Read More
The Weekly Update for March 15, 2019
GOVERNMENT CONTRACTING The Congressional Research Service issued a report providing an overview of small business contracting. The report describes the various federal programs, requirements, procurement officers, and procurement offices involved in promoting federal contracting and subcontracting with small businesses, small disadvantaged businesses (SDBs), firms participating in the SBA’s “8(a) Program,” Historically Underutilized Business Zone (HUBZone) small businesses, women-owned small businesses (WOSBs), and service-disabled veteran-owned small businesses (SDVOSBs). The report also examines several federal requirements and authorities in promoting contracting and subcontracting . . . Read More
GAO Finds That Federal Agencies Have Made Few SBIR Awards to Small Businesses Majority-Owned by Multiple Venture Capital Operating Companies, Hedge Funds, or Private Equity Firms
The purposes of the Small Business Innovation Research (“SBIR”) program include, among other things, the use of small businesses to meet federally funded R&D needs and the fostering and encouragement of participation by SDBs and WOSBs in technological innovation. Federal agencies with obligations of more than $100 million for extramural R&D activities (that is, R&D conducted by non-federal employees outside of federal facilities) must establish an SBIR program and are required to spend a percentage of their extramural R&D obligations . . . Read More
The Weekly Update for March 1, 2019
GOVERNMENT CONTRACTING The Department of Defense (DoD) updated its list of product categories for which the Federal Prison Industries’ (FPI) share of the DoD market is greater than 5%, as required by statute. The product categories and the products within each of the identified product categories must be procured using competitive procedures in accordance with the Defense Federal Acquisition Regulation Supplement (DFARS) 208.602-70. Contracting officers must consider a timely offer from FPI for any of the product categories on the . . . Read More
Small Business Subcontractor Recertifications
I spoke at the TRI-Association Small Business Advisory Panel (TRIAD) Winter Meeting a couple weeks ago in Nashville, and a number of attendees asked me questions about how often a large prime contractor must require its small business subcontractors to recertify size/status during the term of a subcontract. SBA’s regulations and the FAR indicate that a subcontractor’s status for a particular subcontract is established at the time the subcontractor submits its offer for the subcontract, and a prime contractor may . . . Read More