Federal Construction Contracting Blog

Federal Construction Contracting Blog

Legal Information and Resources for Federal Construction Contractors

Tag Archives: Small Business

Is the End Near for Race-Conscious Contracting Programs? Federal Contractor Challenges the 8(a) Minority Business Development Program

Posted in Procurement Information, Protection of Contractor Rights, Small Business Contracting
By: Edward T. DeLisle, Kayleen Egan & Maria L. Panichelli Is the Small Business Administration’s (“SBA”) minority business development program, also known as the “8(a) Program”  unconstitutional?   The legality of the program has been a hot topic of debate over the year, most recently due to a significant DC District Court case.  That case, Rothe … Continue Reading

Understanding How to Effectively Team on a Federal Project Webinar

Posted in Small Business Contracting
Teaming is a concept much discussed in the world of federal contracting, yet it is often misunderstood.   On May 7, 2014 Maria L. Panichelli hosted a webinar for Women Impacting Public Policy (“WIPP”) and Give Me 5 (“GM5″) entitled “There’s No “I” In Team – Understanding How to Effectively Team on a Federal Project.” In … Continue Reading

Building a Compliant WOSB/EDWOSB Webinar

Posted in Small Business Contracting
On February 18, 2014, I hosted a webinar for Women Impacting Public Policy (“WIPP”) and Give Me 5 (“GM5″) entitled “Building a Compliant WOSB/EDWOSB.” It dealt with avoiding and defending against protests and eligibility examinations relating to size, ownership and control. You can watch and listen to my hour- long presentation here. Please visit the … Continue Reading

A New Rule Designed to Assist Small Business Subcontractors

Posted in Small Business Contracting
On November 25th, the DOD, GSA and NASA issued a final rule incorporating a new clause into the FAR regarding accelerated payments to small business subcontractors on Government projects. The new rule, which takes effect December 26, 2013, requires large business prime contractors receiving accelerated payments from the Government to, in turn, accelerate payments to … Continue Reading

Department of Defense May Get its Own "Vets First" Program

Posted in Small Business Contracting
Many of you are already familiar with the Department of Veterans Affairs’ Vets First Program. That program, created in 2006 through the enactment of the Veterans Benefits, Health Care and Information Technology Act of 2006, allows the VA to set-aside certain contracts for SDVOSB and VOSB concerns. The intent of the VA’s Vets First program … Continue Reading

NDAA Makes Important Improvements to Women-Owned Business Program

Posted in Small Business Contracting
We recently posted an article discussing changes to the limitations on subcontracting rules for small business federal contractors.  The changes were marshaled in by Congress as part of the 2013 National Defense Authorization Act (“NDAA” or “the Act”), which actually includes a number of other changes affecting small business contractors.  Several of those changes are … Continue Reading

Cohen Seglias Wins Big Case for Service-Disabled Veteran-Owned Small Businesses

Posted in Small Business Contracting
For many Veterans and Service-Disabled Veterans attempting to do business with the Department of Veterans Affairs, the hope outlined in the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the “Act”) has largely been elusive.  The Act called for the VA to give “priority to [] small business concern[s] owned and controlled by … Continue Reading

Congress Enacts Major Changes Regarding Limitations on Subcontracting

Posted in Small Business Contracting
On January 3, President Obama signed into law the 2013 National Defense Authorization Act (“NDAA” or “the Act”).   The Act seeks to change a number of acquisition provisions applicable to contractors doing business with the federal government. One important change involves the limitation on subcontracting rules relating to small businesses.  The NDAA calls for changes … Continue Reading

SBA Expands the Definition of "Small" Business with Regard to Dredging and Land Subdivision Contracts

Posted in Small Business Contracting
By: Edward T. DeLisle & Maria L. Panichelli   Yesterday, the U.S. Small Business Administration (“SBA”) proposed certain size standard changes, which could expand the number of contractors eligible for “small” business status in relation to construction contracts under NAICS Code 23. Specifically, the SBA issued a proposed rule that would increase the size standard … Continue Reading

SBA Relies on 8(a) Regulations to Deny SDVO Eligibility Due to Minority-Owner Loans

Posted in Bid Protests, Small Business Contracting
By: Edward T. DeLisle & Maria L. Panichelli In a recent opinion, SDVOSB Appeal of Rush-Link One Joint Venture, SBA No. VET-228 (2012), the United States Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) used two 8(a) program regulations, namely 13 C.F.R. § 124.106(g) and 13 C.F.R. § 124.3, to determine whether a … Continue Reading

Six New Bills Emerge to Assist Small Businesses

Posted in Small Business Contracting
By: Edward T. DeLisle & Maria L. Panichelli On March 7, 2012, a package comprised of six bills, (H.R. 3850–112th Congress: Government Efficiency through Small Business Contracting Act of 2012 (2012); H.R. 3851–112th Congress: Small Business Advocate Act of 2012 (2012); H.R. 3893–112th Congress: Subcontracting Transparency and Reliability Act of 2012 (2012); H.R. 3980–112th Congress: … Continue Reading

Will Agencies Be Penalized for Missing Their Small Business Goals?

Posted in Small Business Contracting
 By: Edward T. DeLisle On January 18, 2012, Representative Bill Owens (D.-N.Y.) introduced a bill entitled, “The Small Business Growth and Federal Accountability Act” (H.R. 3779).  The Act is designed to “hold accountable Federal departments and agencies that fail to meet goals relating to the participation of small business concerns.” In order to achieve this … Continue Reading

SBA Updates Set-Aside and Protest Procedures for Women-Owned Small Businesses

Posted in Small Business Contracting
By: Edward T. DeLisle On Thursday, January 12, 2012, the Small Business Administration issued an interim final rule, which alters the protest procedures pertaining to its Women-Owned Small Business (WOSB) Program. The changes serve two primary functions. First, when the SBA implemented the WOSB program by publishing a final rule in the Federal Register on October … Continue Reading

The Department of Veteran Affairs Ushers in Mentor-Protégé Program

Posted in Small Business Contracting
By: Edward T. DeLisle On December 22, 2010, the VA announced that it had selected the first twenty (20) mentor-protégé teams to participate in its newly minted Mentor-Protégé Program. The program is designed to assist firms that have already been verified as veteran-owned or service-disabled, veteran-owned small businesses by the VA. Eligible firms are permitted … Continue Reading

SBA Proposes Rule to Expand Federal Contracting Opportunities for Women-Owned Small Businesses

Posted in Small Business Contracting
By: Edward T. DeLisle & Lori Wisniewski Azzara On March 4, 2010, the Small Business Administration released a proposed rule that, if adopted, would significantly expand federal contracting opportunities for eligible women-owned small businesses (“WOSB”). The SBA conducted a study that identified 83 industries, based upon the NAICS code, in which WOSBs are either “underrepresented” … Continue Reading

The White House Acts

Posted in Small Business Contracting
By: Edward T. DeLisle On April 26, 2010, President Obama issued an executive order to study the way in which the government provides assistance to veteran-owned and service-disabled, veteran-owned businesses. This executive order could not have come at a better time. It appears that the government has a two-fold problem: achieving federally mandated goals for … Continue Reading