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and Construction Matters Since 1893.
Oles Morrison

Important Reinterpretation of 8(a) Federal Procurement Law May Mean High-Value Government Contracts will be Returning to Alaska Native Corporations

By on August 14, 2018 | Posted in Small Business

The continued initiative from Alaska Senators has recently brought about a reinterpretation of the requirements imposed by the Small Business Administration’s “8(a)” program – aimed at helping companies owned by minorities and disadvantaged groups compete in federal contracting.  In 1986, Congress expanded the “8(a)” program to include Alaska Native Corporations […]

SBA’s Upcoming Pilot Program for Small Business Subcontractor Past Performance Reviews – Potential Benefits for Small Business Subcontractors and Large Business Primes

Back when Congress passed the FY2017 NDAA, they included a provision (Section 1822) requiring SBA to create a pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings. Specifically, Congress mandated that SBA create a 3-year pilot program whereby small business concerns without a past performance rating […]

Adam Lasky to Moderate ABA Panel Discussing the Future of Small Business Bid Protests – May 3rd

By on April 27, 2018 | Posted in Bid Protests

In the RAND Corporations’s 2018 report on DoD bid protests, RAND highlighted some concerning statistics regarding bid protests filed by small businesses. RAND discovered that more than 50% of protests were being filed by small businesses (more than double the percentage of prime contract dollars going to small businesses), and […]

Adam Lasky to Present at NCMA’s Webinar on “Maximizing Teaming Under SBA’s Joint Venture Rules” – April 19th

Oles Morrison partner Adam Lasky will co-present with Shene Commodore, president of Commodore Consulting, LLC during National Contract Management Association’s “Maximizing Teaming Under SBA’s Joint Venture Rules” webinar. Hear about new rules and major changes the U.S. Small Business Administration (SBA) has made to its joint venture programs. Learn: SBA’s […]

SBA to Consolidate its All-Small and 8(a) Mentor-Protege Programs?

By on April 5, 2018 | Posted in Legislative and Regulatory Developments

As we were reviewing the regulatory agendas of various federal agencies for upcoming regulations that might impact federal contractors, we noticed that the U.S. Small Business Administration’s (“SBA”) most recent regulatory agenda included an upcoming proposed regulation entitled “Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments.”  Specifically, SBA’s […]

Federal Government Contracts: How to Navigate in the New Administration – Seminar/Webinar – Nov. 16, 2017

By on August 23, 2017 | Posted in Bid Protests

With every new administration, there is both great uncertainty and opportunity in federal government contracting. To help you navigate the rough seas of doing business with the federal government in this new administration, we have assembled nationally recognized practitioners who will cover topics relevant to government contractors large and small, novice […]

Application of the Presumption of Affiliation Based on Identity of Interest Requires Clear Notice to Protested Firm

By on January 17, 2017 | Posted in Small Business

In the Size Appeal of Gregory Landscape Services, Inc., the U.S. Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) heard an appeal following a Size Determination in which the SBA Area Office held that Gregory Landscape Services, Inc. (“Appellant”) was not a small business under the applicable size standard associated with the subject procurement. […]

Export-Import Bank Proposes to Adopt Small Business Jobs Act Standard for Size Determination

By on December 29, 2016 | Posted in Legislative and Regulatory Developments

Recently, the U.S. Export-Import Bank (EXIM) issued a proposal that would align its size standards for determining whether a business qualifies as a “small business” with the Small Business Administration’s (SBA) current SBA Loan Program standards. Such a change would decrease inconsistencies among the entities, and potentially increase EXIM lending […]

SBA’s 8(a) Program Survives Constitutionality Challenge … For Now

By on October 6, 2016 | Posted in Procurement Issues

Last month, the U.S. Court of Appeals for the D.C. Circuit handed down an opinion in Rothe Development, Inc. v. U.S. Department of Defense affirming a lower court’s 2015 decision denying a challenge to the constitutionality of Small Business Administration’s (“SBA”) 8(a) business development program (“8(a) Program”). However, reading the majority and […]

Join James Nagle at the 23rd Annual Washington Construction Law Conference on September 15th

By on August 24, 2016 | Posted in Bid Protests

James F. Nagle will give a special presentation at The Seminar Group’s upcoming 23rd Annual Washington Construction Law conference on September 15 at the Hilton Seattle. In Jim’s federal construction law presentation, he will provide an update on the False Claims Act, new programs  from the Small Business Administration and other new developments affecting […]

Dissecting the Changes to SBA’s Mentor-Protégé Program: Will Former 8(a) Proteges be Eligible to Become Proteges Once Again?

By on August 4, 2016 | Posted in Legislative and Regulatory Developments

In the U.S. Small Business Administration (SBA) Office of Business Development’s most recent report to Congress, SBA’s statistics reflect that approximately 23 percent of companies that complete the 8(a) program either cease to exist, substantially curtail operations, or have no available information within three years of graduation from the program. […]

Dissecting the Changes to SBA’s Mentor-Protégé Program: Do the New Past Performance/Experience Rules for Joint Ventures Actually Benefit Mentor-Protégés?

By on July 29, 2016 | Posted in Legislative and Regulatory Developments

Yesterday, we provided an overview of eleven of the biggest changes coming as a result of SBA’s release of its final rule expanding the mentor-protégé program to all small business.  One of the changes we noted was that, in small business set-asides procurements, agencies will be required to consider projects performed by […]

Eleven Major Changes Coming to SBA’s Mentor-Protégé Program

By on July 28, 2016 | Posted in Legislative and Regulatory Developments

This week, the U.S. Small Business Administration (SBA) published its long awaited final rule providing for a major expansion of its mentor-protégé program.  These regulations, which represent monumental changes to the federal contracting landscape (for small and large businesses), will go into effect August 24, 2016.  In the coming days and weeks we […]