Miles Construction, LLC v. United States, No. 12-597C (2013) has been a very important case for SDOVSBs and VOSBs. Our victory in Miles not only resulted in a big win for our client, but it also caused the VA to change its policy regarding transfer restrictions generally, benefitting all veteran-owned companies. Before Miles
American Legion Weighs In on Kingdomware and Asks Federal Circuit to Force VA to Comply with the Law
On September 11, 2013, the American Legion filed an amicus curiae brief, asking the Federal Circuit to reverse the Court of Federal Claims’ November decision in Kingdomware Technologies, Inc. v. The United States. In Kingdomware, the COFC effectively overturned an important line of Government Accountability Office (“GAO”) decisions affecting VOSBs and SDVOSBs.
SBA Creates "SBTA" Exemption to Affiliation Rules on Bundled Contracts
On October 2, 2013, the Small Business Administration (“SBA”) published a final rule implementing changes required by the Small Business Jobs Act of 2010. One of the most interesting changes relates to “bundling,” “affiliation,” and the ability of small businesses to form a new type of teaming arrangement known as a “SBTA.”
“Bundling” refers
VA Will Maintain Control Over VOSB/SDVOSB Status Protests….For Now
On September 30, 2013, the Department of Veterans’ Affairs (VA) issued an interim final rule, announcing that it would maintain authority over VOSB/SDVOSB status protests made in connection with the agency’s “Vets First” contracting program (the “Program”). Back in 2009, when the Program was created, the VA and the Small Business Administration (SBA)
Department of Defense May Get its Own "Vets First" Program
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
New SBA Rule Imposes Severe Penalties for Misrepresenting Size Status
On June 28, 2013, the Small Business Administration (“SBA”) issued a Final Rule relating to the penalties involved when a contractor misrepresents its small business size status. While the current regulations provide that a contractor might suffer certain penalties for “knowingly misrepresenting” its small business status, they offer little guidance concerning what those penalties might
Is My Teaming Agreement Enforceable?
Teaming Agreements in the world of federal procurement are commonplace. They are formally encouraged by the government at FAR part 9.602 (wherein it states that “Contractor team arrangements may be desirable from both a Government and industry standpoint in order to…complement [contractor]’s capabilities; and [o]ffer the Government the best combination of performance, cost, and delivery…”)
The VA Makes Major Policy Change Concerning Transfer Restrictions, Provides Expedited Reconsideration for Companies Denied SDVOSB Eligibility
Following recent congressional testimony, as well as a newsletter published by the Department of Veterans Affairs’ (“VA”) Center for Veterans’ Enterprise (“CVE”) last month, it would appear that the Miles decision (discussed in detail here and here) has forced an important change in VA policy regarding transfer restrictions.
Prior to the Miles opinion,
OSDBU Seeks Guidance on Revisions to Verification Guidelines
On May 13, 2013, the Department of Veterans Affairs’ (“the VA”) Office of Small Disadvantaged Business (“OSDBU”) published an advanced notice of proposed rulemaking, asking the public for guidance on how best to revise its verification regulations. Better late than never.
Since the verification program’s inception, it has been hampered by issues and problems.
Ceiling Shattered for Women-Owned Small Businesses
We’ve all heard about the “glass ceiling” experienced by women in the workplace. The term “glass ceiling” first appeared in an article published by the Wall Street Journal in 1986 and was used to describe the invisible barriers that women faced as they tried to climb the corporate ladder. While things seem to be better