FY 2013, NDAA Authorizes Mentor Protege Program for All Small Businesses Among Significant Small Business Contracting Changes

Guest Authors: Richard B. Oliver, John W. Heath, & J. Matthew Carter, McKenna Long & Aldridge.  Originally posted at http://www.mckennalong.com/publications-advisories-3153.html   The Fiscal Year 2013 National Defense Authorization Act (“NDAA”), signed by President Obama on January 2, 2013, makes numerous significant changes in the federal government’s small business contracting programs. Most importantly, the NDAA authorizes the Small Business Administration (“SBA”) to establish a mentor-protégé program for all small business concerns. Among other changes, the NDAA revises the rules for limits on subcontracting for small business set-asides, eliminates the dollar limitations for set-aside contracts for women-owned small businesses, and creates a small business Ombudsman to serve at DCAA. By authorizing the use of the mentor-protégé program for all small business concerns, NDAA section 1641 effectively alters the … Continue reading

New SBA Size Standards: When Will They Become Final?

Recently, the Small Business Administration (SBA) published a new rule setting size standards for the North American Industry Classification System (NAICS) codes known as NAICS 2012.  See 77 Fed. Reg. 49,991 (Aug. 20, 2012).  The rule, which has an effective date of October 1, 2012, will affect 199 industry codes, most of which are in the manufacturing sector.  Given that Federal solicitations are required to state both the applicable NAICS code and the size standard that has been established by the SBA for that NAICS code so that offerors can correctly represent themselves as “small” business concerns (or as large businesses), the effective date for new size standards is important for both government and industry.  But the SBA’s dilatory rulemaking in this case, plus impending … Continue reading