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Protests: Timing Is of the Essence

Another federal government fiscal year end is quickly approaching and with it comes the usual uptick in spending, awards…and inevitable protests. If you are considering a protest, it is critical to understand the deadlines for filing. When to file varies depending on a number of factors including: the type of solicitation; whether or not a debriefing is required; the protest grounds; and whether the solicitation was a set-aside that may trigger a size or status protest. Different forums are available . . . Read More

Employee Stock Ownership Plans: More Confusion for Veteran-Owned Small Businesses

My house, my rules. That was the approach seemingly taken by the Department of Veterans Affairs (“VA”) when it crafted the regulations governing eligibility of Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses (collectively, “VOSBs”) for the Veterans First Contracting Program (the “VA Program”). The VA appears to have patterned its rules off the Small Business Administration’s (“SBA”) rules for both the 8(a) Business Development Program and the Service-Disabled Veteran-Owned Small Business Concern (“SDVO SBC”) Program (the “SBA Program”), which has created a lot of confusion for . . . Read More

Minimum Wage for Contractor Employees on Fast Track to Your Contracts

At some point in the past few months, you may have heard about Executive Order 13658 (EO), issued on February 12, 2014, wherein President Barack Obama establishes a $10.10 per hour minimum wage for employees of federal contractors and subcontractors by January 2015, adjusted annually thereafter by the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers. There is a disagreement about the actual impact the EO will have since most federal contractors and subcontractors subject to the provisions . . . Read More

Inflation Adjustments Coming to Small Business Size Standards

On June 12, 2014, the Small Business Administration (SBA) issued an interim rule, which goes into effect on July 14. This new rule increases the size standards applicable to nearly every NAICS code used in Federal Contracting (some were not adjusted, especially cases where the size is set by statue). This was the first time that the SBA adjusted any of the size standards to account for inflation since 2008. Given that many sectors of the economy are starting to . . . Read More

Victory in House of Representatives for Improvements to WOSB Federal Contract Program

By Barbara Kasoff, President of WIPP Dear WIPP Members & Friends: It is with great pleasure I write today, celebrating an enormous victory for women business owners. As many of you already know, earlier today the House of Representatives passed their annual defense bill, which included two changes that strengthen the Women-Owned Small Business (WOSB) procurement program. First, the bill allows sole-source contracts to be awarded through the program. Currently, contracting officers are unable to award sole-source contracts through the . . . Read More

HUBZone Map Changes – New Information Released for Over 100 Non-Metropolitan Counties

By Katie Flood Good news for many HUBZone (or HUBZone-interested) firms: The SBA has just announced that 104 non-metropolitan counties have been designated as newly qualified HUBZones or have had their redesignation periods extended, based on 2013 unemployment data recently released by the Bureau of Labor Statistics. While the SBA has provided the new information on the counties in the form of PDF and Excel documents, the HUBZone maps have not yet been updated. However, simply because the map has not been updated would . . . Read More

Presumed Loss Rule: They Are Who We Thought They Were

After a gut-wrenching loss on Monday Night Football several years ago, former Arizona Cardinals Head Coach Dennis Green, speaking about the victorious Chicago Bears, famously ranted: “They are who we thought they were. And we let them off the hook!” Since the implementation of the SBA’s presumed loss rule last year, you should be applying the same sentiment to your subcontracts with small businesses. Make sure your subcontractor is who you thought they were, and do not let them off . . . Read More

Strategic Sourcing a.k.a. Constructive Criticism

The small business community’s ongoing struggle to increase its access to federal contracting and its share of the federal spend is facing yet another challenge. We say that small businesses are more robust then larger firms and are more able to adapt and mobilize in less time. Well the fact is that they have to be–particularly in our current environment. As the pie shrinks and agencies struggle to do more with less, a new or recycled term has emerged as . . . Read More

Small Business Construction Contractors Must Voice Their Concerns

Is your construction company in compliance with the Small Business Administration’s (“SBA’s”) limitations on subcontracting requirement? Are you positive? If you are a small business general construction contractor and you feel somewhat skittish of these types of questions, you can take some comfort in knowing that you are not alone. The federal construction industry is undoubtedly popular. However, it is also complicated, particularly when it comes to determining whether your small business is self-performing enough work. Not knowing—at least, not . . . Read More