Right-Sized: How a Contractor and its Outside Counsel Adjusted a GSA Schedule BPA RFQ to the Appropriate Size Standard

An article by Jon Williams and Alex Levine’s published in February’s Contract Management Magazine. Last summer, we helped a contractor with a case that had all of the plot twists of a Hollywood blockbuster. The case involved an RFQ for a blanket purchase agreement (“BPA”) under a GSA Schedule Contract. There were multiple Special Item Numbers (“SINs”) on the schedule, with different NAICS codes and size standards. The procuring agency issued the RFQ as a total set-aside for small businesses, . . . Read More

COFC Rejects VA’s Interpretation of Unconditional Ownership for SDVOSBs

In our February 6, 2013 Client Alert regarding new developments for service-disabled veteran-owned small businesses (“SDVOSBs”), we discussed the U.S. Court of Federal Claims’ (“COFC”) decision in KWV, Inc. v. United States and the U.S. Government Accountability Office’s recent report on the Department of Veterans Affairs’ verification process for SDVOSBs. Yesterday, the COFC issued another ruling that impacts the issues discussed in our February 6th Client Alert and that ruling will have important ramifications for veteran ownership in SDVOSBs. This . . . Read More

Recent Developments for the VA’s Veterans First Program

This Client Alert details two recent developments for the U.S. Department of Veterans Affairs’ Veterans First Program. Last month, the Government Accountability Office released a report detailing its examination of the VA’s verification process for VOSBs and SDVOSBs. A few weeks later, the U.S. Court of Federal Claims issued its decision in KWV, Inc. v. United States, a case that dealt with a conflict between the VA’s verification process and a post-award VOSB protest determination, as well as a veteran’s . . . Read More

FY 2013 National Defense Authorization Act: Impacts on Small Business Government Contracting

On January 3, 2012, the U.S. Congress passed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”). While the NDAA covers many issues relevant to the government contracting community at large, it also includes new, noteworthy amendments to the Small Business Act. The 2013 NDAA provides some significant changes to small business government contracting. Most importantly, the rule governing limitations on subcontracting has been revised. The new rule implements two substantive changes. First, for services contracts, the new limitation . . . Read More