The Weekly Update August 4, 2017
SMALL BUSINESS ADMINISTRATION “SBA Launches New HUBZONE Maps and Partners with U.S. Digital Service to Streamline and Enhance Online Services for Small Businesses” U.S. Small Business Administration Press Release, July 31, 2017. Retrieved from sba.gov The U.S. Small Business Administration announced that it has launched a new Historically Underutilized Business Zones map . The HUBZone map is the first step in the modernization effort of SBA’s federal contracting programs. SBA has partnered with the U.S. Digital Service to streamline and enhance online services for small . . . Read More
Do I Need to Recertify My Company’s Size for this Task Order?
In the small business government contracting world, one of biggest advantages to winning a GWAC, like Alliant, CIO-SP3, OASIS or SEWP, is that you will be considered a small business for the contract and any orders awarded to you, despite your natural growth. This is because the general rule is that a contractor’s size for purposes of a multiple award contract is established at the date of proposal with price. Effectively, a contractor is locked in as a small business . . . Read More
The Importance of a Carefully Drafted Work Share Provision
Subcontracts contain a number of important provisions that shape the relationship between a prime and its subcontractor. However, there is one that overshadows the rest in terms of its significance to the parties’ agreement: work share. The work share provision dictates the amount and types of work the subcontractor will perform. In addition, it is through the work share provision that the parties decide how best to divide the work between themselves to achieve the agency’s objective. Given its importance . . . Read More
The Weekly Update July 21, 2017
GOVERNMENT CONTRACTING “Proposed Information Collection Request; Federal Contractor Veterans’ Employment Report VETS-4212.” Federal Register, July 18, 2017. Retrieved from federalregister.gov . The Veterans’ Employment and Training Service (VETS) issued a notice soliciting public comments concerning a request to extend the currently approved VETS-4214 information collection form. Federal contractors and subcontractors track and report the number of employees in their workforces, by job category and hiring location, who belong to the specified categories of protected veterans. This information is sent annually to the . . . Read More
The Weekly Update July 14, 2017
FEDERAL AGENCIES “VA Veteran-Owned Small Business Verification Guidelines.” Federal Register, July 12, 2017. Retrieved from federalregister.gov . Department of Veterans Affairs (VA) published a final rule in the Federal Register revising the required re-verification of ownership and control of veteran-owned small businesses (VOSBs) as well as service-disabled veteran-owned small businesses (SDVOSBs). The VA will now re-verify SDVOSB/VOSB every three years, rather than every two years. “GSA releases statement on FBI Headquarters.” GSA News Release, July 11, 2017. Retrieved from gsa.gov. The . . . Read More
Be Prepared – Be Proactive About Defending Size Protests
Imagine that after months of diligently working on a proposal for a set-aside contract, you learn that your company has been identified as the apparent successful offeror. Then, a few days later, you receive an email from the Small Business Administration (“SBA”) notifying you that another offeror has filed a size protest. The SBA’s email cites multiple regulations and instructs you to respond to the protest allegations. The SBA also directs you to complete a lengthy form called the SBA . . . Read More
The Weekly Update July 7, 2017
CAPITOL HILL “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce issued a memo to provide agency guidance in accordance to Executive Order 13788, Buy American and Hire American. The memo prompts agencies to assess their compliance with all statutes, regulations, rules, and Executive Orders relating “Buy America” or “Buy American” and Federal procurement. In order to maximize the Federal Government . . . Read More
A Quick Guide to Phantom Stock and Stock Appreciation Rights
In the government contracting world, companies are often reluctant to create true equity incentive plans, such as options and restricted stock units. Small businesses have valid reasons for hesitating to offer equity to new individuals, such as a lack of familiarity with the person, an interest in retaining as much ownership as possible in the event that an equity transaction is necessary in the future, and the SBA’s rules on ownership, control, and affiliation, including the so-called “Present Effect Rule.” . . . Read More
One Size Does Not Fit All: Hidden Size Certification Issues for 8(a) Contractors With Multiple Award Contracts
Savvy small business contractors holding Multiple Award Contracts (“MAC”) know that the small business size representations that they make at the outset of contract award will typically last the “life” of the contract, absent other size status recertification triggering events, such as a merger, acquisition, or contract novation. See, e.g., 13 C.F.R. § 121.404(g). This means that a contractor that represented itself as a small business at the time of contract award may continue to rely upon that small business . . . Read More
Congress Targets VA Procurement Abuse: Seeks Enforcement of Limitations on Subcontracting Rule
A bill was recently introduced in the U.S. House of Representatives, H.R. 2749, known as the Protecting Business Opportunities for Veterans Act of 2017 (“Bill”), which, if passed, would require the Department of Veterans’ Affairs (“VA”), in administering the Veterans First Contracting Program (“Vets First”), to identify and penalize violations of the limitations on subcontracting (“LOS”) rule, outlined in the Small Business Act and discussed here . As a quick primer, under the Vets First Law ( 38 U.S.C. § 8127 ), the VA (1) . . . Read More