Change of Plans: New Proposal Would Alter FAR Subcontracting Plan Requirements

The FAR requires most large business contractors to have a plan approved by the government to subcontract a certain amount of their work to the various types of small business contractors (i.e., SDB, WOSB, SDVOSB, etc.). In the last few years, we have seen a noticeable increase in activity related to these subcontracting plans. SBA changed its subcontracting rules in July 2013 and since then has stepped up its audits to determine how well contractors are complying with their subcontracting . . . Read More

Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road

By Katie Flood As a federal contractor, there are already many areas where you must track your compliance with the rules and regulations carefully. One area increasingly receiving greater scrutiny from the government is prime contractors’ compliance with their small business subcontracting plan obligations. Under the Small Business Act as amended in 1978, prime contractors must provide small businesses subcontracting opportunities for all contracts in excess of $150,000. And, for large businesses, formal subcontracting plans are required elements for most . . . Read More

PilieroMazza Submits Comments on Proposed Mentor-Protege Programs

Comments on Proposed Rule Regarding the Small Business Mentor Protégé Program; Small Business Size Regulations; Government Contracting Programs; 8(a) Business Development/Small Disadvantaged Business Status Determinations; HUBZone Program; Women-Owned Small Business Federal Contract Program; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals , RIN: 3245-AG24 We are releasing our comments regarding the U.S. Small Business Administration’s (“SBA”) proposed rule of February 5, 2015, to establish a mentor-protégé program for all small businesses. See 80 Fed. Reg. 6618 . . . Read More

WOSBs: Now It’s Your Turn

By Ann Sullivan, Madison Services Group, Inc. Published in PilieroMazza’s Second Quarter 2015 Legal Advisor by guest author Ann Sullivan of Madison Services Group. In the coming days, the SBA is expected to issue proposed rules to implement sole source authority for the WOSB Federal Contracting Program. To be clear, as many are anxiously waiting, sole source authority is not yet available. But for those following the program, the hopefully-soon implementation will mark the final step in a 15-year crusade to start and strengthen a small . . . Read More

Another Option for Speedy Relief from an Adverse Agency Action

By Alex Levine A recent and novel decision by the U.S. Government Accountability Office (“GAO”) could have broader implications for small business contractors that hold federal supply schedule and multiple award contracts. In the case, Latvian Connection, LLC, a small business contractor was able to successfully challenge its exclusion from FedBid, a reverse auction platform run by a private company where sellers compete against each other for federal procurement contracts. FedBid had sought to suspend Latvian Connection’s account under a . . . Read More

Don’t Sit on Your Hands: Intervene at OHA If the NAICS Code Matters to You

By Michelle Litteken A recent decision from the Federal Circuit clarified whether the Court of Federal Claims (“COFC”) has jurisdiction to review the selection of North American Industry Classification System (“NAICS”) codes and reminded small business contractors of the need to exhaust administrative remedies—including intervening in protests at the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”)—before challenging a NAICS code designation in court. Palladian Partners, Inc. v. Unites States, No. 2014-5125 (Fed. Cir. Apr. 22, 2015), involved . . . Read More

Similar But Different: FAA Size Protest Challenges

Most small business contractors are familiar with the notion that the U.S. Small Business Administration (“SBA”) has exclusive jurisdiction over all size protests. In fact, in the realm of government contracting, there is really no question as to which federal agency “wears the pants” when it comes to handling small business size issues.  Still, is the SBA really the only federal agency capable of making a formal size determination regarding a business concern? Officials at the Federal Aviation Administration (“FAA”) . . . Read More

SBIC Investment: A Potential Source of Capital for Government Contractors

By Linh Phu, Access National Bank Owners of privately-held businesses generally finance their businesses with their own capital, augmented with bank loans. An additional source of funding for government contractors is available from Small Business Investment Companies (SBICs).  The Small Business Investment Company Program was established by Congress in 1958 to supplement the long term capital, both debt and equity, available to small businesses. The SBICs are privately owned and managed investment funds, but regulated and licensed by the U.S. . . . Read More

DOD Seeks to End the 25-Year “Pilot” Status of the DoD Mentor-Protégé Program

By Alex Levine The U.S. Department of Defense (“DoD”) recently announced its intent to request a 10-year extension of its mentor-protégé program. The move is a bid to add more permanence to a program, since its advent in 1991 has been labelled a pilot program that must be reauthorized in a National Defense Authorization Act every few years. The DoD hopes that the move will encourage participation amongst businesses, participation which the DoD asserts has been “chilled” due to the . . . Read More