Legal Information & Resources for Federal Construction Contractors
By: Michael H. Payne
The recession (which really is not over, despite what the economists have to say), has led to greater emphasis by the federal government on assuring prompt payment to government contractors. In fact, on September 14, 2011, the Office of Management and Budget (OMB) issued Memorandum 11-32, “Accelerating Payments to Small…
By: Edward T. DeLisle & Maria L. Panichelli
Last year, after over a decade of discussion, the Small Business Administration (SBA) finally implemented a federal contracting program specifically designed to assist small businesses owned by women. This program authorizes contracting officers to set aside federal contracts for eligible WOSBs (woman-owned small businesses) and EDWOSBs (economically…
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…
By: Edward T. DeLisle & Maria L. Panichelli
Eight bills aimed at assisting small businesses won approval in the House of Representatives on May 18, 2012. The bills include not only the Government Efficiency Through Small Business Contracting Act, the Small Business Advocate Act, the Subcontracting Transparency and Reliability Act, the Small Business Opportunity Act,…
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)…
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…
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…
By: Edward T. DeLisle
Over the last several years, the scrutiny over federal small business programs has grown. That scrutiny has led to changes in policy and legislation designed to curb potential fraud in the procurement process. Because these changes have been implemented in such a short period of time, however, it is not unusual…
By: Edward T. DeLisle
Senator Olympia Snowe, R-Maine, introduced a bipartisan bill on Thursday that is designed to combat fraud and abuse in the world of small business contracting. As we have reported, the General Accounting Office (GAO) has issued a number of reports over the last several years detailing the existence of fraud in…
By: Edward T. DeLisle
For those who regularly read our blog, you know that we have followed the government’s recent concern about fraud and abuse in the federal procurement process. The GAO has issued reports that recite such abuse relative to the 8(a), HUBZone and SDVOSB programs. As those reports indicate, companies have been…
