Small Business Regulations and Programs

Last month, the Government Accountability Office (GAO) released results from its investigation into the effectiveness of the Department of Defense (DoD) Pilot Mentor-Protégé Program. In accordance with the National Defense Authorization Act (NDAA) for 2016, GAO reviewed DoD’s procedures for approving mentor-protégé agreements, its performance measures for the program, and the differences between its program and the new All Small Mentor Protégé Program established by the Small Business Administration (SBA).

Continue Reading GAO Review Calls for Greater Oversight of DoD’s “Pilot” Mentor-Protégé Program

I will be in Tampa, Florida on Friday, May 5 speaking at the 30th Annual Government Small Business Conference: Game Plan for Federal Contracting. I will speak on the topic of, “SBA Mentor Protégé Program” at 10:50 a.m. This session will provide an overview of the Mentor Protégé program and offer insights into how businesses of all types can take advantage of the program. This session is appropriate for businesses looking to develop their business and compete more successfully for federal government contracts.

Visit the Florida Small Business Development Center website for more information and registration.

Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification will be issued for your contract.

Continue Reading April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

This week I will be in Tampa, Florida speaking at the two-day, interactive Florida GovCon Summit presented by Solvability. I will speak on the topic of, “Growing Your Business Through Joint Ventures” at 2 p.m. on Wednesday, March 29. Recent changes in federal regulations have presented businesses with options and strategies for growth, this session will consider how businesses should maximize those opportunities.

Additional program information is available here.

From March 29-30, I will be in Tampa, Florida taking part in the Florida GovCon Summit presented by Solvability. This two-day, interactive summit features speakers with deep and broad roots in federal contracting. The panel session I will be speaking on is titled, “Maximizing Your Value for Exit.” This panel will offer insight into how small businesses can plan their exit strategy, best practices to finding a buyer and the steps to take now to maximize company valuation. I will specifically delve into the major legal considerations and issues to be aware of in planning an exit strategy.

Visit the Florida GovCon Summit website for more information and registration.

On February 2 the House of Representatives passed House Joint Resolution 37, which would nullify the Fair Pay & Safe Workplaces rule issued on August 25, 2016.  If the identical pending joint resolution is passed by the Senate, S. J. Res. 12, and signed by the President, the entire rule will have no force and effect and no similar regulation could be issued in the future without express Congressional  authorization.  The legislation did not reverse the accompanying Department of Labor guidance or the underlying Obama Executive Order, but both would also be effectively nullified by voiding the regulation.

Continue Reading Congress Acts to Rescind the Already-Enjoined Fair Pay and Safe Workplaces Regulation and Other Last-Minute Obama Administration Rules

I will be speaking at the National Contract Management Association (NCMA) East Tennessee Chapter February General Membership meeting on the topic of, “SBA’s New Mentor Protégé Program and How it Can Help You Win New Federal Contracts.” The NCMA meeting will be held on Wednesday, February 1, 2017 and will be held at the DoubleTree by Hilton Hotel in Oak Ridge, Tennessee. For more information and registration, click here.

As previously reported, on July 22, 2016, the Small Business Administration (SBA) issued a final rule establishing a government-wide mentor-protégé program encompassing all small business concerns. Though effective as of August 24th, the SBA didn’t fully transition into the new system until November 2016. And as with any new program, in an effort to eliminate confusion and provide clarity for the program’s participants, the SBA has issued corrections to the rule.

Continue Reading UPDATE: SBA Clarifies Profit Percentages for Joint Ventures under the Small Business Mentor-Protégé Program

I will be Nashville on Thursday, November 17 speaking at a program organized by The University of Tennessee Procurement Technical Assistance Center. I will speak on the topic of “Mentor Protégé Training – Challenges and Solutions” from 8 a.m. – 11 a.m. CST at Bass, Berry & Sims. I will provide an overview of the Small Business Administration’s new mentor protégé program, discuss key solutions to address program challenges and offer insights into how small businesses of all types can take advantage of the program. Additional program information is available here.

On October 7, 2016, the Small Business Administration (SBA) issued a proposed rule in response to recent legislation authorizing the Office of Hearings and Appeals (OHA) to decide Petitions for Reconsideration of Size Standards. OHA now has the responsibility of reviewing petitions filed by parties adversely affected by a new, revised or modified size standard. Under the proposed rule, the SBA may be forced to re-evaluate its size determination if the petitioner can demonstrate that the decision to change or establish the size standard was not in accordance with the law.

The new legislation grants OHA and businesses greater involvement in setting SBA size standards. The right to file a petition arises only where the SBA has issued a final rule that modifies, revises or creates a new size standard – making existing and proposed size standards exempt from challenge. Further, only businesses that have been “adversely affected” have standing to file a petition in the first place. A party is deemed “adversely affected” if it conducts business in the industry associated with the challenged size standard, and it either qualified as a small business prior to the modified size standard, or it now qualifies as a small business as a result of the size standard determination.

Continue Reading Disagree with a Size Standard? File a Protest!