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

FAR 52.219-14 Limitations on Subcontracting *

Applicability: This FAR solicitation provision, which is incorporated into the contract and thus becomes a clause, specifies the percentage of work that must be performed by a small business concern when it receives a set aside reserved for small businesses.  The provision is included in solicitations and contracts for supplies, services, and construction, if any portion of the requirement is to be set aside or reserved for small business and the contract amount is expected to exceed $150,000. This includes all contracts awarded under FAR Subpart 19.8, “Contracting with the Small Business Administration (the 8(a) Program)”.  The clause applies to parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and orders set aside for small business or 8(a) concerns … Continue reading

The VA, of All Agencies, Fails to Follow SDVOSB Set-Aside Rules

Phoenix Environmental Design Inc., a service disabled, veteran-owned small business (SDVOSB) protested to the GAO the failure by the Veterans Administration to set aside a procurement for SDVOSB concerns, as required by the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the VA Act).  Specifically, Phoenix protested the award to a non-SDVOSB concern, Golf Enviro Systems, Inc., of a contract for the supply of bagged fertilizer for the VA’s Santa Fe National Cemetery. As the estimated value of the procurement was $4,382., the VA purchasing agent decided to follow FAR Part 13’s Simplified Acquisition Procedures.  She identified 16 SDVOSB concerns, none of which were located in New Mexico.  She contacted 3 of these concerns to request proposals.   Two vendors did not provide quotations.  … Continue reading