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
PilieroMazza Legal Advisor – Second Quarter 2015
In this issue: Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road Recent ASBCA Decision Opens Door to New Approach for Contractors Negotiating Collective Bargaining Agreements WOSBs: Now It’s Your Turn
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
OHA Ruling Shows Danger in Proposed SBA Rule
As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses. Less well known, however, is a provision included with the proposed mentor-protégé rules that would dramatically alter how applicants in non-designated groups qualify for the 8(a) Program. SBA is seeking to change the rules for establishing social disadvantage so the agency could reject a claim of social disadvantage if . . . Read More
Reporting Requirements and Diminishing Profits for Government Contractors
Firms bidding on government contracts are well-advised to sharpen their pencils in the current, highly-competitive market. Doing so usually means one thing: lowering prices. With procuring agencies placing a premium on technically acceptable, lower-priced proposals, only those bidders willing to absorb cost and reduce profit margins are likely to succeed in winning new work. The price of that success, however, may be much higher than many firms realize. While the government is expecting—if not demanding—that contractors perform more with less, . . . Read More
Subcontracting Plan Compliance
Presenters: Jon Williams and Katie Flood
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
Avoiding Litigation Series #3: Protecting Your Prime and Subcontract or Strategic Relationship
Presenters: Pam Mazza and Paul Mengel