December 14, 2016
Following months of uncertainty and debate, the House and Senate have both approved the draft 2017 National Defense Authorization Act (NDAA), funding the Defense Department through the end of fiscal year 2017 (FY17). The FY17 NDAA contains a number of significant provisions that promise to impact government contractors in significant ways. This article discusses several of them.
Section 217 of the…
August 30, 2016
The 8(a) set-aside program of the Small Business Administration (SBA) provides small businesses with contracting opportunities that might otherwise be far beyond their reach. An 8(a) award is ultimately between the agency and the SBA, with the successful offeror acting as a subcontractor to the SBA and performing the contractor. Significantly, the program allows 8(a) entities to combine resources…
August 23, 2016
Before a contractor offers more than the solicitation requires, it should first confirm that it will receive credit for going above and beyond. This is particularly true where the solicitation lays out a clear evaluation scheme and identifies certain evaluation factors as threshold criteria rather than factors to be rated comparatively, with more credit given for exceeding requirements. As the…
August 8, 2016
The U.S. Small Business Administration (SBA) recently announced a final rule making several amendments to the HUBZone Program designed to implement section 866 of the National Defense Authorization Act for Fiscal Year 2016 (2016 NDAA). Like Section 866 of the 2016 NDAA, the rule expands the HUBZone program to assist small businesses in disaster areas and base closure areas and provides equal…
July 25, 2016
Last week the U.S. Small Business Administration released its highly anticipated online tutorials to help small businesses navigate the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The mobile-compatible site is free and allows users to learn about the programs through a combination of videos and text.
The SBA hopes that the new site will help…
July 18, 2016
On July 14, the DoD, GSA and NASA finalized a rule to amend the FAR, implementing regulatory changes to the federal government’s policy on small business subcontracting. The changes reflect new regulations issued by the Small Business Administration (SBA) in 2013 that stemmed from the 2010 Small Business Jobs Act. The final rule, which takes effect November 1, calls for significant changes to the…
June 27, 2016
As most federal contractors are well aware, significant contracting opportunities are routinely set aside for small businesses, to the exclusion of large businesses. Confusion remains, however, concerning the concept of affiliation -- and how it can impact whether a given company is eligble for small business set-asides. The Small Business Administration (SBA) Office of Hearings and Appeals (OHA)…
May 23, 2016
Timing is everything, particularly when filing North American Industry Classification System (NAICS) code appeals at the Small Business Administration (SBA) Office of Hearings and Appeals (OHA). This point was driven home in the recent case of KAES Enterprises, LLC, SBA No. NAICS-5731.
The matter involved a sole source award to McCann Contracting, Inc. by the Veterans Administration (VA) under a…
May 10, 2016
The solicitation is always your quintessential touchstone, in both constructing your proposal team and preparing your response, including particularly demonstrating your experience and selecting your past performance examples. You therefore need to carefully review the solicitation, and understand both what the agency says it wants, and what it requires and is willing to consider in evaluating…
May 2, 2016
The 2016 National Defense Authorization Act (NDAA-16), 15 U.S.C. § 632(a)(9), authorizes SBA’s Office of Hearings and Appeals (OHA) to hear administrative challenges seeking reconsideration of NAICS Code size standards promulgated by SBA, “us[ing] the same process [OHA] uses to decide challenges to the size of a small business concern.” Id., § 632(a)(9)(A) & C). Such requests are to be filed “not…
April 26, 2016
Earlier this month, the SBA’s Office of the Inspector General released an audit report detailing findings regarding SBA determinations of eligibility for the 8(a) Business Development Program. Ensuring good performance in this area is critically important because Government contracting officers rely on the SBA’s eligibility determination process to ensure that an 8(a) contractor will be able to…
April 18, 2016
The Small Business Administration (SBA) recently issued proposed amendments to its Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) program Policy Directives. Specifically, the Notice of Proposed Amendments describes plans to combine the two directives into one document, clarify the data rights and Phase III preference afforded to SBIR and STTR small…
December 14, 2016
Following months of uncertainty and debate, the House and Senate have both approved the draft 2017 National Defense Authorization Act (NDAA), funding the Defense Department through the end of fiscal year 2017 (FY17). The FY17 NDAA contains a number of significant provisions that promise to impact government contractors in significant ways. This article discusses several of them.
Section 217 of the…
August 30, 2016
The 8(a) set-aside program of the Small Business Administration (SBA) provides small businesses with contracting opportunities that might otherwise be far beyond their reach. An 8(a) award is ultimately between the agency and the SBA, with the successful offeror acting as a subcontractor to the SBA and performing the contractor. Significantly, the program allows 8(a) entities to combine resources…
August 23, 2016
Before a contractor offers more than the solicitation requires, it should first confirm that it will receive credit for going above and beyond. This is particularly true where the solicitation lays out a clear evaluation scheme and identifies certain evaluation factors as threshold criteria rather than factors to be rated comparatively, with more credit given for exceeding requirements. As the…
August 8, 2016
The U.S. Small Business Administration (SBA) recently announced a final rule making several amendments to the HUBZone Program designed to implement section 866 of the National Defense Authorization Act for Fiscal Year 2016 (2016 NDAA). Like Section 866 of the 2016 NDAA, the rule expands the HUBZone program to assist small businesses in disaster areas and base closure areas and provides equal…
July 25, 2016
Last week the U.S. Small Business Administration released its highly anticipated online tutorials to help small businesses navigate the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The mobile-compatible site is free and allows users to learn about the programs through a combination of videos and text.
The SBA hopes that the new site will help…
July 18, 2016
On July 14, the DoD, GSA and NASA finalized a rule to amend the FAR, implementing regulatory changes to the federal government’s policy on small business subcontracting. The changes reflect new regulations issued by the Small Business Administration (SBA) in 2013 that stemmed from the 2010 Small Business Jobs Act. The final rule, which takes effect November 1, calls for significant changes to the…
June 27, 2016
As most federal contractors are well aware, significant contracting opportunities are routinely set aside for small businesses, to the exclusion of large businesses. Confusion remains, however, concerning the concept of affiliation -- and how it can impact whether a given company is eligble for small business set-asides. The Small Business Administration (SBA) Office of Hearings and Appeals (OHA)…
May 23, 2016
Timing is everything, particularly when filing North American Industry Classification System (NAICS) code appeals at the Small Business Administration (SBA) Office of Hearings and Appeals (OHA). This point was driven home in the recent case of KAES Enterprises, LLC, SBA No. NAICS-5731.
The matter involved a sole source award to McCann Contracting, Inc. by the Veterans Administration (VA) under a…
May 10, 2016
The solicitation is always your quintessential touchstone, in both constructing your proposal team and preparing your response, including particularly demonstrating your experience and selecting your past performance examples. You therefore need to carefully review the solicitation, and understand both what the agency says it wants, and what it requires and is willing to consider in evaluating…
May 2, 2016
The 2016 National Defense Authorization Act (NDAA-16), 15 U.S.C. § 632(a)(9), authorizes SBA’s Office of Hearings and Appeals (OHA) to hear administrative challenges seeking reconsideration of NAICS Code size standards promulgated by SBA, “us[ing] the same process [OHA] uses to decide challenges to the size of a small business concern.” Id., § 632(a)(9)(A) & C). Such requests are to be filed “not…
April 26, 2016
Earlier this month, the SBA’s Office of the Inspector General released an audit report detailing findings regarding SBA determinations of eligibility for the 8(a) Business Development Program. Ensuring good performance in this area is critically important because Government contracting officers rely on the SBA’s eligibility determination process to ensure that an 8(a) contractor will be able to…
April 18, 2016
The Small Business Administration (SBA) recently issued proposed amendments to its Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) program Policy Directives. Specifically, the Notice of Proposed Amendments describes plans to combine the two directives into one document, clarify the data rights and Phase III preference afforded to SBIR and STTR small…
