Contractor Information Sources

Effective May 25, 2018, the Small Business Administration (“SBA”) amended its regulations regarding a contractor’s size and/or socio-economic status following a novation, merger, or acquisition. Specifically, through a “technical correction,” the SBA revised its regulations to dictate that when a company becomes “other than small” or no longer has a certain socio-economic status (veteran-owned, woman-owned, HUBZone, etc.) as a result of a novation, merger, or acquisition, the business is no longer eligible to compete for set-aside task orders on multiple-award contracts held by the company. This change in eligibility is applicable even where the contracting officer does not specifically request a recertification.  Continue Reading Contractor Beware: SBA Expands Impact of Novation, Merger, or Acquisition on Size and Socio-Economic Status

We recently hit the road with Onvia, a leading government market intelligence company that was just acquired by Deltek. The combination of Onvia and Deltek’s GovWin IQ provides enterprise, mid-market, and small business customers with the most comprehensive set of federal, state, and local government contracting leads and market intelligence.  Continue Reading On the Road to Connect Business and Government!

The National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 includes enhanced post-award debriefing requirements for the Department of Defense (“DoD”). This change is likely a response to the Office of Federal Procurement Policy’s (“OFPP”) January 5, 2017 memorandum. The memorandum debunked certain misconceptions about the debriefing process and encouraged agencies to adopt best practices and maximize the value of debriefings. One such myth that the OFPP’s memorandum debunked was that debriefings always lead to protests. The memorandum advocated for more transparency in the debriefing process, explaining that, in fact, an effective debriefing process can greatly reduce the frequency of protests. Continue Reading Good News for Department of Defense Contractors: Enhanced Post-Award Debriefing Requirements are on Their Way!

Federal contractors generally don’t need to worry too much about statute of limitations issues on federal contract claims because the Contract Disputes Act (“CDA”) includes a generous six-year window to file. However, it is vital to remember that there are exceptions to this rule, the most important of which is the one year deadline for filing any claim relating to a termination for convenience settlement proposal. Continue Reading An Important Reminder for Federal Contractors: Act Fast on Termination for Convenience Claims!

Earlier this month, my colleague, Michael Payne, and I attended Israel Industry Day sponsored by the Army Corps of Engineers (“USACE”) and the Israeli Ministry of Defense (“MOD”) in New York City. The purpose of the program was to present the Israel Foreign Military Sales (FMS) Construction Program and to introduce American and Israeli construction contractors and A/E firms to the upcoming construction opportunities in Israel. Information was provided on the general scope of USACE design build and design bid build projects within Israel; typical infrastructure and facilities being procured; potential repair, maintenance, and construction opportunities to support MOD facilities in Israel; as well as information on the solicitation and proposal process and various legal issues that apply to the Projects. Continue Reading Construction Opportunities in Israel for Federal Contractors

Agility Defense & Government Services, Inc. v. United States provides hope to contractors that incur higher than anticipated costs on a requirements contract or, alternatively, on construction contracts where line item prices are based on estimated quantities.  Continue Reading Federal Circuit Clarifies Requirements for Government-Furnished Estimated Quantities

Cohen Seglias Co-Chair of the Federal Contracting Group, Edward DeLisle, testified at a Small Business Committee hearing titled, “All Work and No Pay: Change Orders Delayed for Small Construction Contractors.” The hearing examined the effects of change orders on small business contractors and potential solutions to alleviate the financial burden on small businesses caused by agency delay in approval and payment of change orders.

Continue Reading All Work and No Pay: Ed DeLisle Testifies Before Congressional Small Business Committee

This is the third and final installment in a series of articles brought to you by Maria L. Panichelli and Edward T. DeLisle for GovBizConnect, an online professional network for government contracting professionals. 

Originally published on the GovBizConnect website.

Welcome to the third and final installment of our three-part series, Key Considerations in Small Business Teaming: How to Form a Productive Partnership While Safeguarding your Interests and Protecting your Small Business Eligibility. Today, we will be focusing on crucial concepts to keep in mind when drafting your teaming agreement. But check out our previous installments on: (1) the differences of teaming and joint venturing; and (2) avoiding common pitfalls in teaming. Stay tuned for our upcoming piece on the new “All Small” Mentor Protégé Program.
Continue Reading Key Considerations in Small Business Teaming: Part 3 – The “3 Es” of Teaming Agreements

This is the second in a series of three articles brought to you by Maria L. Panichelli and Edward T. DeLisle for GovBizConnect, an online professional network for government contracting professionals. 

Originally published on the GovBizConnect website.

Welcome to the second installment of our three-part series, Key Considerations in Small Business Teaming: How to Form a Productive Partnership While Safeguarding your Interests and Protecting your Small Business Eligibility. You can read Part I here. Today, we will be focusing on how to avoid common pitfalls in teaming. But check out our previous installment on the differences of teaming and joint venturing, and stay tuned for our final installment, which will address how to draft an enforceable teaming agreement that will protect your interests as a small business. Continue Reading Key Considerations in Small Business Teaming: Part 2 – Avoiding the Common Pitfalls of Teaming

This is the first in a series of three articles brought to you by Maria L. Panichelli and Edward T. DeLisle for GovBizConnect, an online professional network for government contracting professionals. 

Originally published on the GovBizConnect website.

Welcome to the first installment of our three-part series, Key Considerations in Small Business Teaming: How to Form a Productive Partnership While Safeguarding your Interests and Protecting your Small Business Eligibility. Today, we will be focusing on the differences between teaming arrangements and joint ventures. Check back soon for our next two installments, which will address: (1) avoiding the common pitfalls of teaming; and (2) how to draft an enforceable teaming agreement that will protect your interests.

Continue Reading Key Considerations in Small Business Teaming: Part 1 – Teaming vs. Joint Venturing