The Weekly Update for June 22, 2018
GOVERNMENT CONTRACTING White House Proposes a Massive Reorganization of Federal Agencies According to an article in govexec.com , the Trump administration on Thursday released a blueprint for a massive overhaul of the federal bureaucracy, one that if implemented would touch virtually every agency and the way all Americans receive government services. “This effort, along with the recent executive orders on federal unions, are the biggest pieces so far of our plan to drain the swamp,” said Office of Management and . . . Read More
The Weekly Update for June 15, 2018
CAPITOL HILL Vets First? An Examination of VA’s Resources for Veteran-Owned Small Businesses 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 . . . Read More
PilieroMazza’s Commitment to Advocating for All Small Businesses and Our Clients
A recent blog has come to our attention that discusses a nearly year old case involving an Alaska Native Corporation (ANC) entity. In that case, we appealed a size determination and argued that an ANC entity was too reliant on the experience of its two subcontractors, one of which was its sister company. This situation indicated that the prime contractor may have violated the ostensible subcontractor rule by its undue reliance on its subcontractors to qualify for the contract at . . . Read More
Pursuing a CTA Team Solution? Make Sure You’re on an Eligible Team!
Contractor Team Arrangements (CTA) formed to pursue GSA Schedule task order opportunities are unique animals in the government contracting universe. A mashup of elements taken from joint ventures and more traditional prime-sub relationships, CTAs allow two or more Schedule contract holders to combine their respective Schedule contract offerings in response to an ordering agency’s solicitation. GSA guidance is clear that for Schedule obligations—such as reporting sales and paying the Industrial Funding Fee (IFF)—each CTA Team Member is considered to be . . . Read More
The Weekly Update for June 8, 2018
SMALL BUSINESS ADMINISTRATION Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor-Protégé Programs The U.S. Small Business Administration (SBA) announces that it is holding tribal consultation meetings in Albuquerque, New Mexico and Oklahoma City, Oklahoma, concerning the regulations governing the 8(a) Business Development and all Small Mentor-Protégé programs and the HUBZone program. SBA seeks to reduce unnecessary or excessive regulatory burdens in those programs and to make them more attractive to procuring agencies and small businesses. Testimony . . . Read More
OHA Reaffirms the Relevancy of the Date of Self-Certification
In the Matter of ASIRTek Federal Services, LLC, SBA No. VET-269 (2018), SBA found that the apparent awardee of a contract set aside for service-disabled veteran-owned small businesses (“SDVOSB”) was ineligible as an offeror because its joint venture agreement (“JVA”) failed to conform to the regulatory requirements. On appeal, SBA’s Office of Hearings and Appeals (“OHA”) upheld the finding of ineligibility, noting that the appellant’s JVA was defunct because it was dated more than a year before the solicitation was . . . Read More
The Weekly Update for May 25, 2018
GOVERNMENT CONTRACTING Contractors Oppose Proposed Limit on Federal Bid Protests According to an article in govexec.com , the Senate Armed Services Committee on May 22, 2018 began its markup of the fiscal 2019 National Defense Authorization Act, and a contractors group was pushing committee leaders to reject a Pentagon proposal to curb time-consuming bid protests. Seeking to eliminate what some senators call “frivolous” protests and what acquisition officials call “forum shopping,” the Defense Department this spring pressed for limiting the ability . . . Read More
The Weekly Update for May 11, 2018
SMALL BUSINESS ADMINISTRATION Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards Columbia-based MassTech, Inc., its former Chief Executive Officer, Arnold Lee, and its former Chief Financial Officer, Richard Lee, have agreed to pay the United States $1.9 million to resolve allegations that MassTech falsely certified that it was a small business concern in order to obtain Small Business Innovation Research (SBIR) awards. The settlement . . . Read More
Legislative Remedies for Surviving Midsize
Back when you started your small business, and the very prospect of making payroll for the month was nerve-wracking, you probably never imagined that your company might actually become too successful. Now, as you get closer to midsize, this very concern may have crossed your mind. Once a company’s revenues exceed the size standard for its industry, it is no longer afforded the federal protections and opportunities of a small business, and it graduates to “midsize,” the undefined middle ground . . . Read More
The Weekly Update for May 4, 2018
DEPARTMENT OF DEFENSE Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that makes contractors and subcontractors subject to approval (as well as review and audit) by appropriate DoD officials when identifying a contractor-approved supplier of electronic parts. 83 Fed. Reg. 87, 19641-2 . Defense Federal Acquisition Regulation Supplement: Statement of . . . Read More