GAO Sustains Protest Alleging Misrepresentation in Proposal Regarding Availability of Incumbent Staff
It is generally difficult to win a bid protest by arguing that the awardee proposed personnel that it did not have a reasonable expectation would be available for performance. Such allegations are normally difficult to prove, particularly at the outset of a protest, because the protestor is unlikely to know which personnel the awardee proposed. As a result, these protest grounds have a high risk of being dismissed as speculative. Winning such a protest is, however, possible. The Government Accountability . . . Read More
SBA Proposes Significant Changes to Small Business Procurement: Will You Be Impacted?
Presented By Antonio Franco and Sam Finnerty Click here to view the recorded session. On December 4, 2018, the SBA issued a proposed rule that includes a number of sweeping amendments to the SBA’s regulations which will have a significant impact on small businesses. The proposed rule addresses important matters for small businesses, such as the limitations on subcontracting requirements and exclusions for compliance purposes, and requirements for size and status recertification. The SBA is also clarifying when size is determined, and . . . Read More
The Weekly Update for January 11, 2019
GOVERNMENT CONTRACTING A Government Executive article discussed the impact of the shutdown on some defense contractors. As the partial government shutdown continues, some American defense firms are receiving multi-million-dollar IOUs instead of payments. For example, executives for Science Applications International Corporation (SAIC) and Engility, two of the government’s largest service contractors, said the payroll for workers idled by the shutdown comes to $10 million every week, and, just three weeks into the freeze, they say the government is about $40 million . . . Read More
Teaming Agreements: Are They Necessary or Not Worth the Effort?
Government contractors enter into teaming agreements to secure contracts with partners that will help them win and perform the work. It surprises many, however, that certain terms in a teaming agreement may not be enforceable, particularly the clauses providing for the award of a subcontract. This has led contractors to ask, “What is the point of a teaming agreement?” There are many advantages to teaming agreements, or they would not be so prevalent in the government contracting industry. Although those . . . Read More
The Weekly Update for January 4, 2019
GOVERNMENT CONTRACTING According to an article on Law360, American freight shipping company, YRC Worldwide (YRC), was sued in a securities class action lawsuit filed in New York federal court that claims investors paid the ultimate price when the company allegedly overcharged the federal government for carrier services and later tried to cover it up. An investor, who is looking to represent all those who bought stock in YRC from March 10, 2014, to December 14, 2018, alleges that YRC hid . . . Read More
SBA Information Notice Provides Guidance on SBA’s Interpretation of the Small Business Runway Extension Act of 2018
We recently wrote about the Small Business Runway Extension Act (Runway Extension Act), which President Trump signed into law on December 17, 2018. Under the Runway Extension Act, for industries with receipts-based size standards, the size of a firm is to be measured based on its average annual gross receipts over the previous five years (extended from the previously used three-year period). Missing from the Runway Extension Act is any explicit directive as to when the new five-year calculation takes effect, . . . Read More
Comments Submitted in Response to SBA’s Proposed Rule on the HUBZone Program, RIN 3245-AG38
On December 27, 2018, PilieroMazza submitted comments to the U.S. Small Business Administration’s proposed rule regarding changes to the HUBZone Program. The proposed rule outlines a comprehensive overhaul to the program’s current eligibility and compliance requirements.
The Weekly Update for December 28, 2018
COMMENTS SUBMITTED IN RESPONSE TO THE SMALL BUSINESS ADMINISTRATION’S PROPOSED RULE ON THE HUBZONE PROGRAM, RIN 3245-AG38 On December 27, 2018, PilieroMazza submitted comments to the U.S. Small Business Administration’s proposed rule regarding changes to the HUBZone Program. The proposed rule outlines a comprehensive overhaul to the program’s current eligibility and compliance requirements. GOVERNMENT CONTRACTING A Nextgov article discussed the potentially significant impacts the government shutdown may have on government contractors, especially small businesses. The article recommended that contractors have preparations in . . . Read More
The Weekly Update for December 21, 2018
GOVERNMENT CONTRACTING According to a Bloomberg Government article, more than 30,000 federal contracting opportunities at twenty-eight (28) agencies are coming up for competition in the coming fiscal years. In a webinar, Bloomberg Government identified the top opportunities at nineteen (19) selected agencies, identified 27,751 opportunities at seventeen (17) civilian agencies, and identified 3,281 opportunities at eleven (11) defense agencies. Importantly, however, each agency reports acquisition forecast details differently; some agencies provide more details than others. President Trump signed the Small . . . Read More
OHA Explains Which SDVOSB Eligibility Rules Apply in Its First VA SDVOSB Protest Decision
Starting October 1, 2018, the U.S. Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) now has jurisdiction over all service-disabled veteran-owned small business (“SDVOSB”) status protests when the procuring agency is the U.S. Department of Veterans Affairs (“VA”). Previously, SDVOSB status protests on SDVOSB set-aside solicitations issued by VA were decided by VA. Now, OHA hears all SDVOSB status protests on VA procurements and has recently issued its first decision in an SDVOSB status protest in connection with . . . Read More