For many Veterans and Service-Disabled Veterans attempting to do business with the Department of Veterans Affairs, the hope outlined in the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the “Act”) has largely been elusive. The Act called for the VA to give “priority to [] small business concern[s] owned and controlled by
Small Business
Congress Enacts Major Changes Regarding Limitations on Subcontracting
On January 3, President Obama signed into law the 2013 National Defense Authorization Act (“NDAA” or “the Act”). The Act seeks to change a number of acquisition provisions applicable to contractors doing business with the federal government.
One important change involves the limitation on subcontracting rules relating to small businesses. The NDAA calls for changes…
SBA Expands the Definition of "Small" Business with Regard to Dredging and Land Subdivision Contracts
By: Edward T. DeLisle & Maria L. Panichelli
Yesterday, the U.S. Small Business Administration (“SBA”) proposed certain size standard changes, which could expand the number of contractors eligible for “small” business status in relation to construction contracts under NAICS Code 23.
Specifically, the SBA issued a proposed rule that would increase the size standard…
SBA Relies on 8(a) Regulations to Deny SDVO Eligibility Due to Minority-Owner Loans
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…
Six New Bills Emerge to Assist Small Businesses
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)…
Will Agencies Be Penalized for Missing Their Small Business Goals?
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…
SBA Updates Set-Aside and Protest Procedures for Women-Owned Small Businesses
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…
VA's Ambiguous Solicitation Leads to Successful Protest
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…
The Department of Veteran Affairs Ushers in Mentor-Protégé Program
By: Edward T. DeLisle
On December 22, 2010, the VA announced that it had selected the first twenty (20) mentor-protégé teams to participate in its newly minted Mentor-Protégé Program. The program is designed to assist firms that have already been verified as veteran-owned or service-disabled, veteran-owned small businesses by the VA. Eligible firms are…
SBA Proposes Rule to Expand Federal Contracting Opportunities for Women-Owned Small Businesses
By: Edward T. DeLisle & Lori Wisniewski Azzara
On March 4, 2010, the Small Business Administration released a proposed rule that, if adopted, would significantly expand federal contracting opportunities for eligible women-owned small businesses (“WOSB”). The SBA conducted a study that identified 83 industries, based upon the NAICS code, in which WOSBs are either “underrepresented&rdquo…