SBA Considers Public Comments on Proposed Size Standard Increases to NAICS Codes 562910 and 541519
As we previously reported, on September 10, 2014, the SBA released proposed increases to the small business standards for many industries that use employee-based size standards. The final rule is scheduled to be published on January 26, 2016; however, a pre-publication of the final rule is available now at www.federalregister.gov . According to the pre-publication, the SBA will adopt most of the proposed changes with two key exceptions. The SBA is not increasing the Environmental Remediation Services (“ERS”) exception under . . . Read More
DoD, GSA, and NASA Issue Interim Rule on WOSB Sole Source Authority
By Megan Connor Effective December 31, 2015, DoD, GSA, and NASA have issued an interim rule amending the FAR to implement regulatory changes made by the SBA that provide for EDWOSB/WOSB sole source authority. Implementation of these sole source procedures in the FAR ensures that contracting officers now have the tools necessary to maximize federal procurement opportunities for WOSB concerns through sole source contract awards. In general, an award under the WOSB program may be pursued on a sole source . . . Read More
Inside the Mind of a Size Protest Lawyer
It is the end of the federal government’s fiscal year and ‘tis the season for protests. Protest lawyers are sharpening their keyboards. And some unfortunate small businesses are about to lose a hard-won contract due to a successful size protest. But the story for your business does not have to end with a lost contract and wasted proposal effort. Many size protest grounds can be adequately defended with a little advance planning, if you know what to look for. Having . . . Read More
SBA Issues Final Rule on WOSB/EDWOSB Sole Source Authority
The SBA published the final rule to establish the procedures whereby Federal agencies may award sole source contracts to WOSBs and EDWOSBs. Under the rule, a contracting officer may award a sole source contract to a WOSB or EDWOSB where (1) the firm is a responsible contractor and the contracting officer does not have a reasonable expectation that 2 or more EDWOSBs or WOSBs (as the case may be) will submit offers; (2) the anticipated award price of the contract . . . Read More
Government Contractors Beware: Trying to Fit A Square Peg into A Round Hole
By Kimi Murakami What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. This decision presents another cautionary tale of why it is so critical for contractors to understand the SBA rules–or to talk to lawyers who do–before entering into corporate restructuring transactions. In the final decision issued by Chief Judge Patricia Campbell-Smith in the case of Precise Systems, Inc. v. U.S., No. 14-1174C (Fed. Cl., . . . Read More
Possible Trouble for Contractors Who Use Consultants to Prepare Proposals
A recent GAO decision highlights the importance of understanding the extent to which the government’s request for proposals (RFP) allows for the use of consultants in assisting with proposal preparation. In Matter of Advanced Communication Cabling, Inc., B-410898.2 (2015), GAO denied a protest that challenged an RFP prohibition on the use of consultants to assist with proposal preparation as being unduly restrictive of competition. The RFP, issued by the Department of Veterans Affairs (VA) in November 2014, anticipated the award of up to 20 indefinite-delivery/indefinite-quantity . . . Read More
OHA Sheds Some Light on What Constitutes a “Class” of Stock
In my recent article about the impact of separate stock classes on veteran-owned firms , I discussed how having more than one class of voting stock can complicate an ownership analysis under both the Department of Veterans Affairs ’ program for Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses and the U. S. Small Business Administration’s (“SBA”) program (the “SBA Program”) for Service-Disabled Veteran-Owned Small Business Concerns (“SDVO SBCs”). Citing an SDVO SBC status determination for illustration purposes, I explained how the analysis–which may appear straightforward and mechanical at first look–is not so cut and dry when the initial inquiry entails making a . . . Read More
Business Entity Alphabet Soup – GP, LP, JV, LLC, C, S, QSSS – What do they mean?
By Kimi Murakami As government contractors, the business universe is likely filled with familiar acronyms. However, one may not be as familiar with the meaning behind the alphabet letters that comprise the different business entities in the corporate world. Choosing the form of legal entity for your company was most likely a threshold issue for starting your business. By forming a company, you can shield yourself from liabilities that will arise by the business. Whether just starting out or if . . . Read More
Celebrating Women’s Small Business Month
By Kristie Arslan, WIPP Executive Director Women now more than ever are turning to entrepreneurship to take charge of their own career trajectory. According to American Express OPEN’s 2014 State of Women-Owned Businesses Report , it is estimated that there are nearly 9.1 million women-owned businesses in the United States, generating over $1.4 trillion in revenues and employing nearly 7.9 million people. As we celebrate Women’s Small Business Month this October, it is important to highlight the progress women business owners have made but also shed . . . Read More
Big Jumps Proposed to Size Standards for Environmental Remediation and Other Employee-Based Size Standards
On September 10th, SBA released proposed increases to the small business size standards for many of the industries that use employee-based size standards. The affected industries include some very popular ones for the contracting community, such as Environmental Remediation Services (exception to 562910), Research and Development in Biotechnology (541711), and Research and Development in the Physical, Engineering, and Life Sciences (541712). In many cases, the proposed increases are significant, allowing more and larger firms to qualify as small in these . . . Read More