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

The Weekly Update June 23, 2017

SMALL BUSINESS ADMINISTRATION “SBA Ignite Tour Blazes Across the Country.” Small Business Administration Press Release, June 21, 2017. Retrieved from sba.gov. Administrator Linda McMahon announced that she will visit more than 60 cities as part of the SBA Ignite Tour, a national outreach campaign aimed to listen, educate, and advocate for small businesses and entrepreneurs. Administrator McMahon visited Las Vegas, Nevada on June 20 and visited Salt Lake City, Utah on June 21, 2017. Additional cities this summer include: Pittsburgh, Puerto . . . Read More

The Weekly Update June 16, 2017

GOVERNMENT CONTRACTING “GSA Adds Hundreds of Small Businesses to the 8(a) STARS II GWAC Contract.” GSA Press Release, June 15, 2017. Retrieved from gsa.gov. The GSA 8(a) STARS II Governmentwide Acquisition Contract (“GWAC”) recently added approximately 500 qualified industry partners during an Open Season. The Open Season enables GSA to continue its support of the U.S. Small Business Administration’s (“SBA”) 8(a) Business Development Program and assist agencies in meeting their small business goals. With over 3,200 task order awards and . . . Read More

The Weekly Update June 9, 2017

SMALL BUSINESS ADMINISTRATION   Rules of Procedure Governing Cases Before the Office of Hearings and Appeals   The U.S. Small Business Administration (“SBA”) has amended the rules of practice of its Office of Hearings and Appeals (“OHA”) to implement section 869 of the National Defense Authorization Act for Fiscal Year 2016 and section 1833 of the National Defense Authorization Act for Fiscal Year 2017. This legislation authorizes OHA to decide Petitions for Reconsideration of Size Standards (“Size Standard Petitions”). This . . . Read More

The Weekly Update May 23, 2017

OTHER NEWS SBA Administrator Linda McMahon Appoints Four Senior Executives, SBA PRESS RELEASE (May 25, 2017) Administrator Linda McMahon of the U.S. Small Business Administration (SBA) announced the appointment of four new Associate Administrators: Peter Cazamias for the Office of International Trade; Robb Wong for the Office of Government Contracting and Business Development; Allen Gutierrez for the Office of Entrepreneurial Development; and Michael Hershey for the Office of Congressional and Legislative Affairs. In a statement Ms. McMahon said: I am . . . Read More

Announcement of New Partners

It is our pleasure to announce that Nichole D. Atallah and Peter B. Ford has become partners of the firm  Ms. Atallah heads the firm’s Labor and Employment practice group. Her knowledge of labor laws in the government contracting setting and her business friendly, common sense approach to complex problems, instills confidence and respect. Ms. Atallah also works with our Litigation group and zealously defends clients faced with a wide range of lawsuits and claims, from wrongful termination to contract . . . Read More