NAICS codes are limited in what they can challenge, but can have a powerful effect on a procurement. A NAICS code appeal can challenge the size limit attached to a specific government procurement. This can level the playing field by limiting to smaller businesses, or expand the size of businesses that are able to compete. So, it’s good to know a NAICS code appeal works.
Continue readingTag Archives: small business set-asides
Solicitation Omits NAICS Code and Size Standard–But Agency Still Rejects Large Business’s Bid
An offeror’s bid was rejected because the offeror wasn’t a small business–even though the solicitation didn’t contain a NAICS code or corresponding size standard.
It sounds like a successful bid protest waiting to happen, but GAO didn’t see it that way. Instead, GAO dismissed the protest because the offeror should have protested the defective solicitation terms before it submitted its bid, instead of waiting to see how the competition played out.
Continue readingCOFC Examines Small Business Size Recertification After Merger or Sale
A recent Court of Federal Claims decision examined the impact on the award to a small business when that small business is acquired, after proposal submission but before award, by a large business. In doing so, the court looked very closely at the FAR clauses incorporated into the solicitation by reference, versus those that are incorporated in full text.
Continue readingAre You a Small Business Being Acquired by a Large Business? Check Your Pending Bids
Many small business clients of mine have been approached by or considered acquisition by a larger firm. Well, if this sort of sale or merger would turn a small business into a large business, the small business should pay close attention to a little-publicized change stemming from SBA’s Mentor-Protégé Consolidation rule that came out last fall. The new rule could result in a company losing out on an otherwise successful bid.
Continue readingGAO: Small Business Rule of Two Doesn’t Require Set-Aside for Task Order
Generally, the small business Rule of Two requires an agency to set aside contracts for small business, assuming that there are at least two small businesses with competitive prices who will bid on the contract. But does the small business Rule of Two apply to orders under a multiple award contract? In a recent decision, GAO affirmed the answer is no–application of the small business Rule of Two for orders under a multiple-award contract is discretionary.
Continue readingEvent: Small Business Contracting at Pub K’s Annual Review
As you make your plans for 2021, be sure to mark down Pub K’s Annual Year In Review. I’m excited to be part of a panel on small business contracting! There are other helpful panels on items ranging from claims to cybersecurity from January 25 through 28, so take a look at the entire schedule.
I’ll be speaking at 3 pm eastern on January 27. The event is free to the public. Check the site for details on how to register.
AFCEA Small Business Talk September 29
Mark your calendars for next week. I’ll be speaking at the AFCEA South Florida’s SB Lunch and Learn on September 29 from 11:30am – 12:30pm eastern time. The topic is “10 things every Small Business should know about Federal Contracting Law.”
AFCEA is an organization dedicated to “exploration of issues relevant to its members in information technology, communications, and electronics for the defense, homeland security and intelligence communities.” The event is open to all and registration information can be found here.