The Weekly Update for August, 3, 2018
SMALL BUSINESS ADMINISTRATION Surety Bond Guarantee Program Fees This document announces a temporary decrease in the guarantee fees that the U.S. Small Business Administration (SBA) charges all Surety companies and Principals on each guaranteed bond (other than a bid bond) issued in SBA’s Surety Bond Guarantee Program. 83 Fed. Reg. 146, 36658 Contracting with Small Disadvantaged Businesses and Those Owned by Minorities and Women Has Increased in Recent Years According to an article on GAO.gov , the federal government is one of the country’s largest advertisers, . . . Read More
The Weekly Update for July 20, 2018
SMALL BUSINESS ADMINISTRATION 504 Loan Program Rural Initiative: Waiver of Limitation on Lending Authority According to an article in amazonaws.com , the U.S. Small Business Administration (SBA) announced the 504 Loan Program Rural Initiative Pilot Program (504 Rural Pilot). The 504 Rural Pilot waives the restrictions on the authority of Certified Development Companies (CDCs) to make 504 loans outside their Area of Operations to allow each CDC to make loans for 504 Projects with an address located in any rural county . . . Read More
GAO Weighs in on Facility Clearance Requirement for Unpopulated Joint Ventures
A recent GAO decision upholds a facility clearance in a U.S. Department of Homeland Security (“DHS”) solicitation even if burdensome to unpopulated joint ventures. The protester in the case made a common mistake among unpopulated joint ventures: assuming the clearances of the venturers may be attributed to the joint venture, without going through the process of clearing the joint venture. GAO found the cleared status of the venturers was irrelevant under applicable classified information policies. In Management and Technical Services Alliance Joint Venture , B-416239 (June 25, . . . Read More
The Weekly Update for July 13, 2018
DEFENSE DEPARTMENT To Streamline Acquisitions, 809 Panel Presses Department of Defense to Adopt Portfolio Management According to an article on federalnewsradio.com , the congressionally-mandated panel in charge of finding ways to streamline the Defense acquisition system called on June 28, 2018 for dramatic changes in how DoD organizes itself to define requirements for weapons systems and manage its procurement budgets, saying DoD must move to a “portfolio-centric” approach to procuring military equipment. In the second volume of its report to Congress, . . . Read More
False Claims Act Cases Involving Set-Aside Contracts Held to More Stringent Requirements Following Escobar
Two years have passed since the U.S. Supreme Court issued Universal Health Services, Inc. v. United States ex rel. Escobar, a key False Claims Act (“FCA”) case that resolved a circuit court split regarding the scope and validity of the implied false certification theory and established that the materiality standard for FCA cases is “demanding.” Since that time, lower courts have been implementing those standards to varying effects. The trend has been favorable for companies facing FCA cases that allege . . . Read More
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