Government Contracts Monitor

Update: Women-Owned Small Business Program Launched

On February 4, 2011, the Small Business Administration (SBA) launched the Women-Owned Small Business (WOSB) Program. As previously reported here, the Women-Owned Small Business (WOSB) Program allows government agencies to set aside contracts for competition among only WOSBs.

Legislation Equalizes All Small Businesses for Contract Set-Asides

The newly enacted 2010 Small Business Jobs Act, among other things, puts all small business categories on equal footing when competing for government contracts. Before the 2010 Act, the 1953 Small Business Act said that government agencies “shall” set-aside contract awards for small businesses in Historically Underutilized Business Zones (HUBZone), while statutes for other categories of small businesses used the word “may,” instead.

Proposed Legislation Could Put Alaska Native Corporations on Equal Footing with Other Small Businesses

Alaska Native Corporations (ANCs) will no longer receive preferential treatment over other small businesses under proposed legislation from Senator Claire McCaskill (D-Mo.) and Representative Bennie Thompson (D- Ms.). If passed, this legislation will make ANCs no different than other small businesses in the Small Business Administration’s 8(a) Program, such as those owned by minorities, women, and disabled veterans.

SBA Introduces New Program to Support Women-Owned Small Businesses

Samuel Jack and Katherine Calogero wrote an article published in the January 5, 2011 issue of Law 360.  Their article, titled "SBA Introduces New Program to Support Women-Owned Small Businesses", discusses the launch of SBA's Women-Owned Small Business Program.  This new initiative aims to create new business opportunities for women-owned small businesses by allowing federal agencies to set aside government contracts for competition among women-owned small businesses.  The new program targets 83 industries in which women have historically been underrepresented in federal contracting.

Click here to read the article in its entirety.

For more information on the authors, click here.

New Rule to Limit Length of Noncompetitive Contracts Awarded with “Unusual and Compelling Urgency”

In an update to our recent post relating to GAO’s treatment of the “unusual and compelling urgency” exception to the competition requirements, the government has implemented a new rule further limiting the use of this exception.[1]

Government Contractors Face Challenges in Establishing Contract Claims Against Higher Tier Contractors

Lower-tier subcontractors performing work on government contracts sometimes stand in a difficult position: exposed to the same government compliance requirements as prime contractors, but lacking the direct contractual relationships necessary to obtaining legal recourse in the event that something goes wrong.

Even in the Face of "Unusual and Compelling Urgency," Agencies Must Maximize Competition to the Extent Possible

The government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met. A recent Government Accountability Office (GAO) decision serves as a reminder that such exceptions do not necessarily mean competition can be abandoned altogether.

Days Numbered for Two Controversial Bush-Era Contracting Policies?

In his less than two months in office, President Obama has already taken major steps to refocus the contracting system on transparency and accountability. Now, the Administration and Congress appear ready to scale back two Republican-supported contracting policies – Alaskan Native Corporation preferences and competitive sourcing requirements.