DoD, GSA, and NASA Issue Interim Rule on WOSB Sole Source Authority
By Megan Connor Effective December 31, 2015, DoD, GSA, and NASA have issued an interim rule amending the FAR to implement regulatory changes made by the SBA that provide for EDWOSB/WOSB sole source authority. Implementation of these sole source procedures in the FAR ensures that contracting officers now have the tools necessary to maximize federal procurement opportunities for WOSB concerns through sole source contract awards. In general, an award under the WOSB program may be pursued on a sole source . . . Read More
Mastering Price Adjustments for Increases in the Contractor Minimum Wage
The Department of Labor (DOL) recently announced that the applicable minimum wage rate to be paid to workers performing work on or in connection with Federal contracts covered by Executive Order 13658 (the “Order”) will increase from $10.10 to $10.15 per hour beginning January 1, 2016. The intent of the Order was not that contractors would have to bear the increase but that they would be eligible for an adjustment to their contract price based on the resulting increase in . . . Read More
SBA Seeks Comment on WOSB Certification Process
By Katie Flood and Megan Connor Today, SBA released an advance notice of proposed rulemaking, which will amend the WOSB Program certification process. In the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a certification process. SBA is now soliciting feedback on how to best implement Congress’ directive. Through the advance notice, SBA is providing commenters the ability to suggest what they believe is the most appropriate way to structure the WOSB/EDWOSB certification process . . . Read More
2015 GAO Bid Protest Annual Report: Sustain Rate at Five Year Low, But Effectiveness Rate Up
By Megan Connor Last week, GAO released its annual report to Congress, which included data concerning its protest filings for Fiscal Year 2015. Based on the data, GAO sustained the fewest protests in 2015 than in any prior year going back to 2011. In 2015, GAO received 2,639 cases, of which 2,496 were protests (versus requests for reconsideration or cost claims). Only 587 protests reached a decision on the merits and, of these, only 68 protests were sustained. This means that, roughly speaking, about 3 . . . Read More
How Can You Tell If a Protest Debriefing Is Required?
By Michelle Litteken We are often contacted by a contractor soon after the company learns that its proposal was not selected for award, with the contractor is considering whether to file a bid protest. When a contractor is deciding whether or not to file a protest at the Government Accountability Office (“GAO”), one of the first questions that needs to be asked is whether a debriefing is required. Although that question seems straightforward, the determination can be complicated. You may . . . Read More
Small Business Subcontracting Plans: End of Year Roundup
If you have been following the latest news on subcontracting plan requirements, you will know that the landscape has been rapidly shifting over the past year. In response to various statutory mandates from Congress, both SBA and the FAR Councils have recently introduced proposed rules which will change the already complex existing regulatory web. The end of the changes are not in sight, as Congress continues to propose new legislation addressing subcontracting plans and agencies themselves are taking the initiative . . . Read More
Small Business Goodies in the National Defense Authorization Act
Often the House and Senate Small Business Committees utilize the annual National Defense Authorization Act (NDAA) to effectuate changes for small business. The NDAA must pass each year, so it is a useful vehicle upon which to attach small business provisions that may otherwise need to move through multiple congressional committees before becoming law. The NDAA for fiscal year 2016 moved through both the House and Senate and went before the conference committee. On October 7, 2015, the Senate approved . . . Read More
Negotiating the Security Deposit Provision of Your Office Lease
An important provision of an office lease is the security deposit provision. While it is beneficial to a landlord to maximize the size of the security deposit it receives from a tenant in order to ensure the tenant’s faithful performance of the terms of the office lease, transferring a cash security deposit to a landlord has real-world costs to the tenant. These costs include eliminating the potential use of the security deposit cash for other business purposes and putting the . . . Read More
Timing Matters, Not Just Size When Protesting Long Term Contracts
Operating in a very competitive market, many small businesses are increasingly filing size protests to eliminate competitors against which they have lost contracts. These protests are not only filed on small business set asides but also 8(a), HUBZone, WOSB and SDVOSB set asides, as those procurements require that offerors qualify as small under the relevant size standard. Most small businesses know that size protests must be filed very quickly after receipt of a notice of proposed or actual award to . . . Read More
Five Things That Shouldn’t Keep You From Buying or Selling a Company
There may be several reasons holding you back from buying another company or from selling your own business. However, there’s a new normal in the government contracting space. With increased competition for work, a tight economy, and stricter and more costly regulations requiring compliance, strategic acquisitions as a pathway to faster and more significant growth should be part of the long term strategy considerations for government contractors of all sizes. The flip side, of course, is that you may be . . . Read More