OHA to Decide VA SDVOSB Status Protests Starting This Week
Starting on October 1st, SBA began hearing protests challenging an apparent awardee’s eligibility for inclusion in the VA Center for Verification and Evaluation (“CVE”) database and, in turn, its eligibility for a VA SDVOSB contract award. Previously, an SDVOSB status protest for a VA procurement was filed with the contracting officer, who then forwarded the protest to the Director of the CVE to render a status determination. To be timely, the protest had to be filed within five business days . . . Read More
Effective October 1, 2018: SBA Issues Final Rule Regarding Ownership and Control Requirements for SDVOSBs
Recently, I wrote a blog detailing the Department of Veterans Affairs’ (VA) final rule on verification guidelines for veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs), which provides that the VA will use the U.S. Small Business Administration’s (SBA) regulations. Just three days before taking effect, SBA issued its final rule on Ownership and Control of SDVOSB Concerns, amending its regulations relating to ownership and control for VOSBs and SDVOSBs. For context and background, I also wrote about SBA’s proposed rule earlier . . . Read More
Marketing Your Small Business for Sole Source Awards
The federal government is increasingly using nontraditional ways to spend its money, such as purchasing goods and services through “other transaction authority,” which we recently wrote about and which does not require traditional competitive award procedures. Another alternative to traditional procurement by competition is a sole source award, and we are seeing more and more of our clients pursuing sole source awards or, in other cases, challenging the award of sole source contracts to other firms. If you are a small . . . Read More
Breach of Settlement Agreement Suits Against Federal Government Not Precluded by Finality Clauses
During settlement discussions with the federal government, contractors are sometimes concerned that the government may not live up to the terms or frustrate the purposes of a settlement agreement and that they will be harmed without effective recourse. These concerns may arise from finality clauses, which are often contained in settlement agreements. However, the U.S. Court of Appeals for the Federal Circuit recently issued an opinion in Labatte v. United States, No. 2017-2396 (Fed. Cir. Aug. 16, 2018), which clarifies . . . Read More
Effective October 1, 2018: A Universal Set of Ownership and Control Requirements for VOSBs and SDVOSBs
Just one week before taking effect, the Department of Veterans Affairs (VA) issued a final rule on verification guidelines for veteran-owned and service-disabled veteran-owned small businesses, found in the National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017). The final rule implements the NDAA 2017, which placed the responsibility for issuing regulations relating to ownership and control for the VA’s verification of VOSBs and SDVOSBs with SBA. As relevant background, the current VA and SBA regulations regarding ownership and control of . . . Read More
New Receipts Calculation for Federal Contractors?
Congress is considering changing the receipts calculation for small businesses. Currently, a company’s size is determined based on the average annual receipts of the three recently completed fiscal years. However, in the Small Business Runway Extension Act of 2018, H.R. 6330 , which the House passed on September 25, 2018, the House of Representatives proposes amending the Small Business Act to change this time period to five years. In a Report dated September 12, 2018, the House Small Business Committee (“HSBC”) observed that . . . Read More
GAO Rebukes Agency for Finding Proposal Nonresponsive Based on Buy American Act Submission
The U.S. Government Accountability Office (“GAO”) recently sustained a bid protest in which the U.S. Department of Energy (“DOE”) found a construction contractor’s bid to be nonresponsive due to the contractor’s failure to provide all information required by Federal Acquisition Regulation (“FAR”) 52.225-9 and 52.225-10. When these FAR provisions are included in a solicitation, they set out a preference that a contractor use domestic products and materials in its construction project. If a contractor wishes to use foreign materials instead . . . Read More
Taking Advantage of State and Local Small Business Certifications
Many federal government contractors are familiar with certain federal certifications, such as small business, woman-owned small business, service-disabled veteran-owned small business, and the like, and the contract set-aside benefits that are associated with such socioeconomic designations. While some of these federal certifications may flow down to state and local procurements, many government contractors may also qualify for state and local certifications, which can generate more revenue outside of the ever-competitive federal government contracting marketplace. Similarly to the federal government, many . . . Read More
NLRB Proposes Rule to Limit Joint Employer Test: Small Businesses Beware
If at first you don’t succeed, try, try again. The National Labor Relations Board (“NLRB”) has taken this proverb to heart when it comes to implementing a new test for what it means to be a “joint employer” under the National Labor Relations Act. Following a failed attempt to change the standard through case law, the NLRB is now attempting to revise it by issuing a proposed rule. Last December, the NLRB endeavored to reverse Obama-era NLRB precedent, which held . . . Read More
How a CTA Can Help You Qualify for Government Contracts
You may have heard of Contractor Team Arrangements (“CTA”) that can be used to pursue General Services Administration (“GSA”) Schedule contract opportunities, but do you know how a CTA can maximize your ability to qualify for government contracts? CTAs are distinct from traditional prime contractor-subcontractor relationships and joint ventures, and they provide different methods for making your company a more attractive offeror. A CTA allows two or more GSA Schedule contractors to team together for GSA Schedule opportunities, and all . . . Read More