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What Is The DBE Program?

3/7/2017

The Disadvantaged Business Enterprise Program (DBE) is a legislatively mandated U.S. Department of Transportation (DOT) program that applies to federally-funded/assisted contracts issued by DOT recipients such as State Transportation Agencies. The DBE program was established in order to: (1) ensure nondiscrimination in the award of and administration of DOT-assisted contracts; (2) help remove barriers to the participation of DBEs in DOT-assisted contracts; and (3) assist the development of firms that can compete successfully in the marketplace outside of the DBE program.

Understanding The Paths to an 8(a) Sole-Source Award

2/8/2017

We often hear about companies in year 5 (or later) of their 9-year 8(a) BD program term voluntarily withdraw from the program and/or express unhappiness with the program because they haven't yet received an 8(a) contract. More often than not, this situation is a result of a misconception on the firm's part that once in the 8(a) program, Federal contracts will just miraculously fall into their lap. The reality is that getting an 8(a) sole-source contract requires a lot of time and effort on the part of the 8(a) firm. This blog post will provide a general overview of the various paths to an 8(a) sole-source award.

Alert: SBA Already Implementing 8(a) Regulatory Change Regarding Social Disadvantage Requirement

6/27/2016

As many of our readers are aware, the SBA proposed regulatory changes last year which purport to make it more difficult for individuals to gain entry into the SBA's 8(a) Business Development program if the individual is not a member of one of the "presumed groups." Specifically, these changes were proposed in response to a number of SBA Office of Hearings and Appeals cases which the SBA felt allowed individuals to establish social disadvantage despite having (in their opinion) a record which lacked sufficient evidence supporting a discriminatory basis for such misconduct. As of today, the SBA has not yet issued a Final Rule (it is anticipated by the end of this month); however, we were surprised to learn (based on an application we are working on) that the SBA has already implemented these changes with respect to the processing of 8(a) applications.

Affiliation: Minority Ownership In Another Company Can Lead To Common Ownership Affiliation

2/15/2016

On January 13, 2016, the SBA's Office of Hearings and Appeals (OHA) issued a decision in the Matter of: Size Appeal of Government Contracting Resources, Inc. This appeal, filed by Government Contracting Resources, Inc. (GCR) arose out of a size protest filed by two unsuccessful offerors and the subsequent size determination that GCI was not a small business due to its affiliation with Valley Indemnity, LTD. (Valley).

Highlights From The National 8(a) Association's Winter Conference

2/14/2016

On February 9 - 10, 2016, the National 8(a) Association held its annual winter conference in Orlando, Florida at the Caribe Royale Hotel. As usual, the conference was well attended by representatives of both industry and government. Attendees were treated to informative general sessions, a wide variety of breakout sessions, and numerous opportunities to network with other businesses, consultants and government representatives. Unfortunately, the weather was not as warm as some of us may have liked, but it was still a great conference.

SBA Inspector General Issues Report on Serious Management and Performance Issues Facing the Agency in FY 16

10/20/2015

On October 15, 2015, the Small Business Administration Office of Inspector General (SBA IG) issued a Report on the Most Serious Management and Performance Challenges Facing the Small Business Administration (SBA) in Fiscal Year 2016.

According to the IG Memorandum which accompanied the Report, its overall goal is to "focus attention on significant issues with the objective of working with Agency managers to enhance the effectiveness of SBA's programs and operations.

SBA Issues Proposed Rule Allowing Small Business Credit For Lower-Tier Subcontracts

10/18/2015

On October 6, 2015, the Small Business Administration (SBA) issued a Proposed Rule implementing Section 1614 of the 2014 National Defense Authorization Act pertaining to small business subcontracting plans. Under current law, large prime contractors that are required to have small business subcontracting plans only receive small business credit toward their plan's goal performance at the first tier. The Proposed Rule, as authorized by Section 1614, "would allow an another than small prime contractor that has an individual subcontracting plan for a contract to receive credit towards its small business subcontracting goals for subcontract awards made to small business concerns at any tier."

GAO Report on Defense Cybersecurity: Opportunities Exist for DOD To Share Cybersecurity Resources with Small Businesses

10/1/2015

On September 24, 2015, the Government Accountability Office (GAO) published a report titled: "Defense Cybersecurity - Opportunities Exist for DOD to Share Cybersecurity Resources With Small Businesses" which addresses "the extent to which the DOD Office of Small Business Programs (OSBP) has integrated cybersecurity into its existing outreach and education efforts for defense small business." GAO's review and subsequent Report were done as a result of a provision in the Joint Explanatory Statement accompanying the 2015 NDAA which required GAO to perform such an assessment.

SBA Publishes Final Rule Implementing Sole-Source Contracts for WOSB and EDWOSB

9/26/2015

On September 14, 2015, the Small Business Administration (SBA) published a Final Rule which implements the provisions of the 2015 National Defense Authorization Act (NDAA) that authorize sole-source contracts for Women-Owned Small Businesses (WOSB) and Economically Disadvantaged Women-Owned Small Businesses (EDWOSB). The Final Rule takes effect on October 14, 2015.

GAO Sustains Protest Over VA's Failure To Issue SDVOSB Set-Aside

9/3/2015

On August 20, 2015, the GAO sustained a protest in: The Matter of Fire Risk Management, Inc. (August 20, 2015). The protest was sustained where the Department of Veterans Affairs' (VA) determination that there was not a reasonable expectation of receiving offers from 2 or more SDVOSBs was not supported by the record. In particular, the protester, Fire Risk Management, Inc. (FRM) asserted that the VA's decision not to set aside a particular acquisition for SDVOSBs was based on unreasonable market research.

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