The Small Business Administration (“SBA”) recently issued a favorable decision on behalf of a firm client in a size determination case, and we wanted to share information from that decision with you.  While the decision is unpublished, it serves as a reminder of an important exception to the small business contracting rules relating to joint ventures and set aside contracts. 
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As maChange Ahead Signny of you already know, back in February 2015, the SBA issued its long-awaited proposed rule aimed at expanding its mentor-protégé program.  The proposed regulations implement changes introduced by the Jobs Act of 2010 and the National Defense Authorization Act of 2013, and would permit firms, other than those that are 8(a) Certified, to participate in the mentor-protégé program.  Moreover, if the proposed rule becomes final, all of the companies participating in the revamped program will be able to take advantage of the exclusion from affiliation.  While this was great news for many at the time, it has been almost nine months since this rule was issued and there has been no sign of any further action by the SBA.  Many of our clients have been asking when the SBA is actually going to put these changes into effect.  Well, it seems like we might finally have an answer. 
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Join partners Michael Payne and Ed DeLisle at the 2015 National 8(a) Association Winter Conference in Orlando, Florida for their presentation, “How to Effectively Team on a Federal Project.” In this discussion, Michael and Ed will explore the importance of well-crafted teaming agreements and how they are viewed by courts of various jurisdictions.

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,

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

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.

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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