The GAO’s Report on Contracting with ANC-Owned 8(a) Firms And Its Potential Impact on Tribally-Owned 8(a) Firms

The Government Accountability Office (GAO)  recently issued a report , titled “Alaska Native Corporations: Oversight Weaknesses Continue to Limit SBA’s Ability to Monitor Compliance with 8(a) Program Requirements.” The report was prepared at the request of Senators McCaskill and Markey, and Congressman DeFazio, whom asked the GAO to examine the Small Business Administration’s (SBA) oversight of 8(a) contracts specifically awarded to Alaska Native Corporations (ANCs). The report focused on the SBA’s ability to enforce regulations prohibiting the award of follow-on, sole source contracts to . . . Read More

Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued

Recently, the U.S. Court of Federal Claims issued the decision in Orion Construction Co. v. United States, No. 15-1505C (Fed. Cl. April 1, 2016) which is a cautionary tale for all small business offerors regarding the risk of an inaccurate certification from simply misinterpreting which size standard applies to a particular solicitation. In the case, the United States Naval Facilities Engineering Command Southwest (“NAVFAC”) issued a solicitation for “commercial and institutional building construction” companies under North American Industry Classification System (“NAICS”) . . . Read More

The Weekly Update for March 4, 2016

SMALL BUSINESS ADMINISTRATION Underrepresented Industries Identified, Expansion, and Spending Goals Met for WOSB Program SBIR/STTR Programs to be Reauthorized GOVERNMENT CONTRACTS Establishing Paid Sick Leave for Federal Contractors This week’s report follows,  click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Underrepresented Industries Identified, Expansion, and Spending Goals Met for WOSB Program On March 3, 2016, the U.S. Small Business Administration (SBA) announced the results of a study that identified industries in which women-owned small businesses (WOSBs) were underrepresented in federal contracting in connection with the Women-Owned Small Business Federal . . . Read More

WOSBs: $17.8 Billion in FY15 Spending and MORE NAICS Codes!

By Megan Connor On March 2, 2016, SBA announced that federal government spending in FY 2015 met the 5% spending goal for WOSBs. According to the SBA, 5.05% or $17.8 billion of all federal small business eligible contracting dollars were awarded to WOSBs. This is the first time in the history of the WOSB Program that the goal has been met. This great news was then followed on  March 3, 2016 , by SBA’s publishing of updated NAICS codes list for EDWOSB and WOSB set-aside and sole source contracts, . . . Read More

Five Reasons to File a Size Protest

Small business government contractors are sometimes resistant to the idea of filing size protests against their competitors. How much time and effort will it take? Is there enough evidence? Will the agency be offended? These are the types of questions that small business owners often ask themselves in deciding whether to challenge the size status of an apparent awardee and, in some instances, the answer to any one of them may justify a decision not to file a size protest. . . . Read More

Time for A Check Up of Your Firm’s Compliance with Government Contracting Standards

Some of you may recall that, back in the 1970s, the legendary actor John Wayne appeared in public service announcements urging people to undergo a “check-up.”  Now that the New Year has begun, it is a good time for small government contractors to undertake a “check-up” of their government contracting representations and certifications, as well as ethical compliance programs, to make sure they are still up to date.  To begin, firms that pursue federal small business set-aside procurements should review, . . . Read More

Comments on Proposed Rulemaking Regarding WOSB and EDWOSB Certification

PilieroMazza recently submitted comments on the U.S. Small Business Administration’s Advance Notice of Proposed Rulemaking Regarding Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification issued December 18, 2015, 80 Fed. Reg. 78,984. We represent many small business federal contractors, including women-owned and economically-disadvantaged women-owned small businesses (“WOSBs/EDWOSBs”). We submitted the comments to assist SBA in drafting a viable proposed rule that is fair and workable for WOSBs and EDWOSBs. Click here to read our comments in their entirety: SBA Should Delay . . . Read More

Comments on Advance Notice of Proposed Rulemaking Regarding Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business Certification

Includes comments on: SBA Should Delay Implementation and Work to Change the Law SBA Certification Program If SBA Adopts the Certification Requirement, SBA Should Be the Only Certifier Streamlined Application Process Concurrent Certification Through 8(a) Program Term of SBA Certification Third Party Certification New Regulations & Procedures Are Needed if SBA Permits Third Party Certification in Addition to SBA Certification All Certifiers Should Apply or Re-Apply Term of Third Party Certification No Repository Access for Third Party Certifiers Mentor-Protégé Agreements . . . Read More

The Weekly Update for February 5, 2016

SMALL BUSINESS ADMINISTRATION Small Business Investment Company Program Click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Small Business Investment Company Program SBA proposed a rule defining a new class of small business investment companies (SBICs) that will seek to generate positive and measurable social impact, in addition to financial return. This proposed rule sets forth regulations applicable to Impact SBICs with respect to licensing, leverage eligibility, fees, reporting, and compliance requirements, 81 Fed. Reg. 5666 . Comments are due by March 4, 2016.

The Weekly Update for January 29, 2016

SMALL BUSINESS ADMINISTRATION Employee-Based Size Standards in Wholesale Trade and Retail Trade Small Business Size Standards: Inflation Adjustment to Monetary-Based Size Standards Industries with Employee-Based Size Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade Small Business Size Standards for Manufacturing DEPARTMENT OF LABOR Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act This week’s report follows,  click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Employee Based Size Standards in Wholesale Trade and Retail Trade The U.S. Small Business Administration (SBA or Agency) . . . Read More