OMB Says Agencies “Should” Perform a Rule of Two Analysis and Set Aside Requirements for Task Orders Under Multiple-Award Contracts
- The U.S. Office of Management and Budget (OMB) has issued a policy memorandum with a goal of promoting small business participation under multiple-award indefinite delivery/indefinite quantity contracts (MACs). One of the memorandum’s three areas of focus – and the focus of this article – is... ›
GAO Finds Company's BPA BID Remains Eligible for Award Despite a Transaction, Recertification, and Change in Size Status in Connection with Its Underlying Federal Supply Schedule Contract
By: Damien C. Specht and James A. Tucker
Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the Government Accountability Office (GAO) sometimes must wrestle with size and status questions to adjudicate... ›Notable Provisions of the FY 2024 National Defense Authorization Act
By: Tina D. Reynolds
On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes appropriations and sets policy for the Department of Defense (“DoD”) and... ›Venture Capital Investment in a Small Business? Know the SBA rules first.
By: Damien C. Specht, Tyler J. Sewell and Alissandra Young McCann
In recent months, there have been a number of articles about an increase in venture capital interest in entities that do business with the federal government. In fact, this interest is not new. Small entities with venture backing have used programs like the Small Business Innovation... ›SBA Updates Its Regulations on Lower-Tier Small Business Subcontracting Credit
By: James A. Tucker, Damien C. Specht and Alissandra Young McCann
The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act for Fiscal Year 2020. Most Federal contracts performed in the United States require... ›Definitive Guidance on Facility Security Clearances for Small Business Joint Ventures
By: James A. Tucker, Damien C. Specht and Charles L. Capito
The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or EEDs) work for joint ventures. As we have discussed before, the SBA regulations for a... ›Subcontracting to a Mentor-Protégé Joint Venture: Changes to How Small Business Subcontracting Goals Are Calculated
By: Damien C. Specht, James A. Tucker and Alissandra Young McCann
Recent changes to the U.S. Small Business Administration (SBA) regulations affect how large businesses can take small business credit for subcontracting to their own mentor-protégé joint ventures (MPJVs). SBA’s final rule directs that, when a large federal prime contractor issues subcontracts to its own MPJV,... ›SBA Finalizes Rule to Modernize the SBIC Program
By: Damien C. Specht, Alissandra Young McCann and Markus Gerhard Speidel
The U.S. Small Business Administration (SBA) finalized a rule to modernize the Small Business Investment Company (SBIC) Program on July 17, 2023. Part of President Biden’s Investing in America agenda, the new SBIC Investment Diversification and Growth (IDG) rule seeks to “unlock unrealized potential and... ›Back to the Drawing Board: Far Councils Withdraw Long-delayed Proposed Rule for Lower-tier Small Business Subcontracting Credit
By: James A. Tucker, Damien C. Specht and Alissandra Young McCann
Some of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive credit towards its subcontracting plan goals for awards... ›Joint Venture Member Experience: “Considering Each Member” vs. “Considering Either Member”
By: Damien C. Specht and James A. Tucker
The Government Accountability Office (GAO) has issued an important new decision in the protest of AttainX,Inc ., B-421216, B-421216.2, Jan. 23, 2023, 2023 WL 1860802. The decision addresses how agencies must evaluate the prior experience and past performance of joint venture members when a... ›