In its final rule published on May 31, 2016, the SBA modified the regulations relating to affiliation based on an “identity of interest” pursuant to 13 C.F.R. § 121.103(f). Specifically, the SBA provided clearer guidelines regarding identity of interest affiliation due to familial relationships and economic dependence.
Continue Reading Identity of Interest Affiliation: Further Defined by the SBA
Earlier this week, we blogged about a final rule issued on May 31 by the Small Business Administration (“SBA”), which made several major changes to the small business regulations. This new rule implements changes mandated by the 2013 National Defense Authorization Act, (“NDAA”) and finalizes the proposed rule issued by the SBA back in December of 2014.
Continue Reading Big Changes to Limitations on Subcontracting Requirements
As we blogged Wednesday, this week the Small Business Administration (“SBA”) published a lengthy final rule that implements the long-awaited small business regulation changes mandated by the National Defense Authorization Act (“NDAA”) of 2013. The rule makes a number of very important changes affecting Federal contractors. One of the more important changes makes it easier for small businesses to form joint ventures (JVs) to compete for government procurements and removes prior, and often confusing, restrictions.
Continue Reading SBA Makes It Easier for Small Businesses To Joint Venture for Federal Contracts
The Small Business Administration (“SBA”) has had a very busy week. First, on May 24, 2016, the agency issued “Statement of General Policy No. 3” (“the Statement”) clarifying the hotly debated inter-affiliate sales exclusion (an issue relating to the counting of annual receipts for purposes of determining size). Then, yesterday, the agency published a lengthy final rule, which implements the long-awaited small business regulation changes mandated by the National Defense Authorization Act (“NDAA”) of 2013. Collectively, the Statement and the rule make a number of very important changes affecting Federal contractors. Some of the most important changes are: Continue Reading SBA Issues Important Changes and Clarification Concerning Small Business Regulations
Welcome
to the fourth edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. Contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guide for future changes at their respective levels. Changes recently made in the federal arena are likely to trickle down to state and local governments. Continue Reading Legal Landscape: SBA Expands the WOSB/EDWOSB Contract Program, Importance of the Economic Loss Rule and Self-Reporting Requirement Changes
On March 9t
h, 2016, join Maria Panichelli and Amy Kirby for their two seminars, “The Fundamentals of the Far Part 1, 2 and 3,” and “Debriefings, Bid Protests and Size Status Eligibility,”as part of the Procurement Technical Assistance Center of Delaware‘s (PTAC) two part seminar event, Two Seminars on the Same Day, One Price.
For more information on these seminars, please click here.
Continue Reading Procurement Technical Assistance Center of Delaware: Two Seminars on the Same Day
On March 3, 2016, th
e SBA announced that it has expanded the list of industries in which a contract can be set-aside for women-owned small businesses (“WOSB”) or economically disadvantaged women-owned small businesses (“EDWOSB”). This expansion was mandated last year by section 825 of the National Defense Authorization Act for Fiscal Year 2015 (“NDAA”), which required numerous changes be made to the SBA’s WOSB/EDWOSB contracting program.
Thank you for joining us for Ed D
eLisle and Maria Panichelli‘s TargetGov webinar, “REAs and CDA Claims: Key Strategies in Seeking Compensation” on February 16, 2016.
After you’ve secured your Federal government contract award, what comes next? As any Federal contractor will tell you, the contract award is only the beginning. The FAR and its supplementary regulations impose a host of obligations on contractors, and can impact the ways in which a contractor performs a contract. These rules and regulations also dictate the ways in which those contractors can seek compensation for unanticipated costs incurred on the job. In this webinar, Ed and Maria will explore Requests for Equitable Adjustment, Claims, and the differences between the two. As they walk you through the Contract Disputes Act process, you will also learn how to maximize your chance of success when making claims against the Federal government.
You can listen to their webinar here.
Ed DeLis
le will present his seminar, “Navigating the Protest and Claims Processes as a Small Business,” on February 9th at the National 8(a) Association 2016 Winter Conference in Orlando, FL.
The conference is a two-day event held on February 9th and 10th and will focus on federal and legal updates and how to navigate the ever-changing world of federal contracting. The nation’s top legal firms and the industry’s best consultants will be there to help 8(a) certified and non-8(a) certified businesses gain the valuable education, promotion, and federal contracting information they need to further advance their level of experience and achieve a higher degree of success.
For more information, and to register for the National 8(a) Association Winter Conference, please click here.
Edward T. DeLisle is Co-Chair of the Federal Contracting Practice Group. Ed frequently advises contractors on federal contracting matters including bid protests, claims and appeals, procurement issues, small business issues and dispute resolution.
The Government Accountability Office (“GAO”) issues statistics each year regarding the outcome of bid protests. In 2015, there were 2,639 cases filed and there we 587 decisions on the merits. Of those, only 68 protests were sustained. According to the way the GAO presents its statistics, that would indicate that protestors prevailed approximately 12% of the time. In reality, since many protests were withdrawn or summarily dismissed, the protesters only prevailed in 68 of the 2,639 protests filed and the true success rate was closer to 3%. With those odds, why would anyone file a GAO bid protest? The answer requires a little closer scrutiny since statistics can be misleading.