Georgia Tech Procurement Assistance Center

DOL announces new compliance assistance tools to assist new and small businesses

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The U.S. Department of Labor has announced the launch of the New and Small Business Assistance and the Compliance Assistance Toolkits web pages.

These new online tools assist American small businesses and workers with simple, straightforward resources that provide critical Wage and Hour Division (WHD) information, as well as links to other resources.

The web pages were established in response to feedback received from new and small business stakeholders voicing their need for a centralized location to secure the tools and information they need to comply with federal labor laws. The web pages also provide relevant publications and answer the questions most frequently asked by new and small business owners. These tools, in conjunction with worker.gov and employer.gov, ensure greater understanding of federal requirements and provide tools to help employers find resources offered by other regulatory agencies.

In addition to these new resources, WHD recently made available compliance assistance videos that provide brief, plain-language explanations of the Fair Labor Standards Act’s (FLSA) requirements and protections. The videos provide essential information employers need to understand their obligations under the law.

In August 2018, the Office of Compliance Initiatives (OCI) launched a revamped worker.gov to provide information about workers’ rights and an all-new employer.gov to provide information about the responsibilities of job creators toward their workers.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division’s toll-free helpline at 866-4US-WAGE(487-9243).

Information is also available at https://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division.

Source: https://www.dol.gov/newsroom/releases/whd/whd20181017

In VA procurements, veteran-owned businesses trump all other contractors

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On October 17, 2018, the Federal Circuit ruled that the Department of Veteran Affairs (“VA”) must give priority to veteran-owned small businesses (“VOSB”) when awarding contracts.  (PDS Consultants Inc. v. U.S., et al., Nos. 17-2379 and 17-2512, 2018 WL 5019735 – Fed. Cir. Oct. 17, 2018).

At first blush, no one would argue with the foregoing statement.

But, this mandate became less clear when the VA was faced with awarding a contract to a VOSB or following an otherwise mandatory requirement for all federal agencies to buy a specific list of items made by nonprofits employing the blind and significantly disabled.

Here is the source of confusion. More than 40 years ago, Congress enacted the Javits-Wagner-O’Day Act (“JWOD”), which required federal agencies to buy certain items and services from nonprofits that employ the blind or people with other significant disabilities. Today, this mandatory procurement policy is implemented through the AbilityOne program.

In 2006, Congress passed the Veterans Benefits, Health Care, and Information Technology Act (“VBA”). As the U.S. Supreme Court stated in Kingdomware, the VBA made it mandatory in almost every procurement for the VA to follow the “Rule of Two.” The “Rule of Two” requires the VA to award a contract to a VOSB whenever at least two VOSBs can perform the work at a reasonable price.

Keep reading this article at: https://governmentcontractsnavigator.com/2018/10/18/in-department-of-veterans-affairs-procurements-veteran-owned-businesses-trump-all-other-contractors

Fort Stewart contractor that posed as small business forfeits $7.8 million

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A company that rents tents and other outdoor structures for events agreed to pay the government $7.8 million to settle charges that it wrongly won Defense Department set-aside contracts reserved for small businesses.

Arena Americas, which does business from multiple locations as Arena Event Services, settled after a False Claims Act investigation conducted by the Army Criminal Investigation Command, the Defense Criminal Investigative Service and the inspector general of the Small Business Administration.

The agreement details how Arena Americas worked with Military Training Solutions LLC to obtain small business defense contracts that were represented as being performed by Military Training Solutions, but were actually performed by Arena Americas.

“As a result of this scheme, which was perpetuated at Fort Stewart, Ga., and at other military installations across the United States, millions of dollars in defense contracts wrongfully were awarded to Arena Americas instead of legitimate small businesses,” said Bobby Christine, U.S. Attorney for the Southern District of Georgia, in a statement. “The U.S. Attorney’s Office will not tolerate any attempts to illegally exploit the system for a company’s personal advantage” in obtaining the set-asides that Congress intended as a tool to help grow small businesses.

Keep reading this article at: https://m.govexec.com/contracting/2018/10/defense-contractor-who-posed-small-business-forfeits-78-million/151951

See statement by U.S. Attorney’s Office for the Southern District of Georgia at: https://www.justice.gov/usao-sdga/pr/defense-contractor-agrees-pay-united-states-78-million-settle-false-claims-act

5 critical mistakes small business contractors should avoid

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Ready to jump into the $450 billion government contracting space?

Don’t make these key mistakes.

It’s no secret that the U.S. government is one of the largest buyers and sellers of goods and services in the world, leading to tremendous opportunity for companies that earn federal contracts. If you are a small business or startup you are in luck as the government sets aside contract requirements in favor of small and socio-economic enterprises. For example, in 2017 the government awarded 24 percent of federal contract dollars to small businesses totaling $105.7 billion.

With the right amount of planning, preparation and effective networking, small businesses can thrive in the federal contracting space, but there are some major mistakes or red flags to avoid.

Keep reading this article at: https://federalnewsnetwork.com/commentary/2018/10/5-critical-mistakes-small-business-contractors-should-avoid/

Boosting small business demands big ideas

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There are 28 million small businesses in America, and Defense Contract Management Agency’s small business team wants as many of them as possible to join the defense industrial base.

“Our mission is to provide small business support to our defense and government customers by ensuring subcontracting compliance and optimizing subcontracting opportunities,” said Tatia Evelyn-Bellamy, the director of DCMA’s Small Business Office and Small Business Compliance Center. “Our strategy is to actively assist customers in developing aggressive but reasonable subcontracting plans for their contractors and review contractor subcontracting program compliance.”

In line with the agency’s over-arching mission of warfighter support, Evelyn-Bellamy explained her team’s effort “in assisting military partners with pre-award and post-award subcontract management, and working with prime contractors to achieve subcontract success” helps foster business innovation and new technology, supports the warfighter, strengthens and sustains the military and economic industrial base, and promotes private enterprise.

It is a massive undertaking that the office’s name naturally undersells. Small businesses account for 54 percent of all U.S. sales and provide 55 percent of all U.S. jobs. To support this large group of American taxpayers, the agency’s small business team partners with other DCMA departments to create an environment of support.

“We maintain a collaborative relationship with senior leaders, program managers and the Contracts Directorate to ensure customers and contractors develop acquisition strategies to identify and receive quotes, bids, or proposals from small business vendors,” said Rosalyn Wiggin, a small business professional within the SBO. “Our joint effort educates customers on small business regulation requirements and the benefits of small businesses — particularly their responsiveness to requirements and agility to perform in a more cost-effective manner compared to current large business suppliers and service providers.”

The U.S. Small Business Administration’s categorization of “small” depends on the industry. It is then further defined by average number of employees over the past 12 months or average annual receipts over the past three years. Prospective contractors should visit the administration’s website for more information. As a first-glance qualification test, SBA guidelines maintain businesses must meet the following parameters to qualify for small-business government contracts:

  • Is organized for profit;
  • Has a place of business in the United States;
  • Operates primarily within the U.S. or makes a significant contribution to the U.S. economy through payment of taxes or use of American products, materials or labor;
  • Is independently owned and operated; and
  • Is not dominant in its field on a national basis.

DCMA’s collaborative effort begins once business owners determine they qualify for small-business government contracts. Many owners may find it difficult to navigate regulations, especially those new to government contracts. It is a challenging environment that can at times punish inexperience, but Evelyn-Bellamy said her team maintains passion in pursuit of its mission.

“We are committed to expanding the small business industrial base,” Evelyn-Bellamy said.

In support of that commitment, DCMA SBO works with its DoD and industry counterparts to include the Navy’s Office of Small Business Programs, local Procurement Technical Assistance Centers, the National 8(a) Association, the National Defense Industrial Association, veterans’ groups and many more.

In addition to supporting these organizations, the agency’s small business team conducts training sessions, when appropriate, for both contractor and government personnel on existing and emerging small business issues.

“We support many groups whose goals are to educate, inform and train small business personnel and our industry counterparts on current programs, processes and initiatives,” said Eric Claud, an SBO professional. “It really is all about increasing small business opportunities for prime contractors, and particularly subcontractors, across the Department of Defense and the federal government.”

All of these efforts can make a huge difference in the financial health and success of small and socio-economic disadvantaged businesses. According to the SBA, “most government agencies ‘set aside’ a percentage of their acquisitions for small and disadvantaged businesses. In some cases, these set-asides might consist of certain types of tasks on larger contracts. In other cases, entire contracts may be designated for small businesses.”

In other words, there are often government-contract opportunities available to small business owners. Whether owners are qualified and prepared to properly apply is another story. DCMA’s small business team hopes to ensure that answer is always yes.

This article was originally published in the 2017 DCMA INSIGHT magazine. You can read the original here: http://www.dcma.mil/LinkClick.aspx?fileticket=rX-EzAgRqWU%3d&tabid=2273&portalid=31

South Carolina ‘mastermind’ pleads guilty to cheating government for million-dollar contracts

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He betrayed his wife. He used friends as pawns in illegal schemes.

For years, he bilked the federal government out of tens of millions of dollars in fat federal military construction contracts meant for disabled veterans, women and African-Americans.

And on Tuesday of last week, Thomas Brock of Camden faced his reckoning.

“I find you guilty,” U.S. District Judge Michelle Childs told Brock, 61, in a sparsely attended hearing at the U.S. federal courthouse in Columbia, SC.

Brock will be sentenced in December and is free on bond until then. He could be sentenced to up to nine years in prison, assistant U.S. Attorney DeWayne Pearson said August 28th.

Keep reading this article at: https://www.thestate.com/news/local/crime/article217449050.html

Reforms deliver wins for small businesses

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By some metrics, 2017 was a banner year for small business federal contractors. In May 2018, the Small Business Administration announced that, for the first time, the federal government exceeded $100 billion in prime contract awards to small businesses in fiscal year 2017.

Despite reaching this milestone, small business federal contracting still has room for improvement. For example, the SBA’s data also show that the percentage of total federal contracting dollars earned by small businesses declined for the second year in a row, falling to 23.8 percent from a historic high of 25.7 percent for fiscal year 2015.

Given these mixed results, is there a case for near-term optimism for the small business contracting community? Recent changes to federal caps on the use of micro-purchasing and simplified acquisition methods hold the promise of more agile acquisition, benefitting small businesses.

Indicative of the big changes forthcoming is a June 2018 White House Office of Management and Budget memo streamlining small business contractors’ access to federal contracting opportunities.

Keep reading this article at: http://www.nationaldefensemagazine.org/articles/2018/7/27/reforms-deliver-wins-for-small-businesses

GSA launches pilot for small business research program

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The General Services Administration (GSA) has announced that it would be moving forward with a new pilot program to manage and grant awards under the third phase of the Small Business Innovation Research program, which encourages small businesses to explore research and development with federal partners.

Phases one and two of the program focus on the actual research and development, while the third phase is designed to help small businesses pursue the commercialization of the products they developed in the first two phases.

“Helping small businesses commercialize new solutions developed with assistance from the SBIR program increases the return on investment from federal research and development funding and supports private sector job growth,” said Small Business Administration Administrator Linda McMahon in a news release.

“The SBA looks forward to working with GSA to encourage the entrepreneurship and innovation associated with the SBIR program and continuing SBA’s efforts to impact the growth of our nation’s small businesses.”

Keep reading this article at: https://www.federaltimes.com/acquisition/2018/07/30/gsa-launches-pilot-for-small-business-research-program/

You’re invited: Be part of the National PTAC Day celebration on Sept. 26th!

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All of us as the Georgia Tech Procurement Assistance Center (GTPAC) are proud to announce that GTPAC is a key participant in a national celebration.  You can be too!

National PTAC Day – Wednesday, September 26, 2018 – is a celebration of the contracting success of the thousands of small businesses who have benefitted from training, counseling and other assistance delivered by their local procurement technical assistance center (PTAC).

National PTAC Day unites the 95 Procurement Technical Assistance Centers (PTACs) in all 50 states (plus the District of Columbia, Guam and Puerto Rico) – and the 48,000 clients they serve – by sharing small business success stories in the government marketplace and the significant economic impact that PTAC clients create within their communities. This special day features a national social media campaign, public relations initiatives, online and in-person events, and more.

A major feature of PTAC Day – and one that GTPAC is directly supporting – is a national webinar entitled “Top Tips for Finding and Winning Government Contracts.”  GTPAC Procurement Counselor Tom Larkin is one of three panelists who will be providing his insights during the webinar.  This no-cost presentation takes place Wednesday, September 26th from 2:00 to 3:00 pm Eastern time.

By participating in the webinar you’ll learn how to:

  • Gett Ready to Enter the Government Marketplace
  • Find Government Contract Opportunities
  • Bid on Government Contracts

To participate in this free one-hour webinar, click here.

For more information about the national PTAC celebration, visit http://www.aptac-us.org/PTACDay.  Follow the hashtag #PTACDay on social media!

GTPAC is the PTAC, funded in part by the Defense Logistics Agency, that serves businesses throughout Georgia.  Through one-on-one counseling and training events, GTPAC assists 2,360 businesses, located in 135 Georgia counties.  In FY18, GTPAC clients won 2,645 government contracts and 540 subcontracts valued at a total of $927,076,307.

Small business advocate wins $475,000 in legal fees after 4-year fight with federal government

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After four years and expenses of more than $700,000, a California-based small business advocate on Thursday won an agreement from the Justice and Defense departments to pay his legal fees for litigation forcing the government to release confidential contracting data.

Lloyd Chapman, the outspoken founder of the Petaluma-based American Small Business League, declared victory in what he called an “historic” move by Judge William Alsup of the U.S. District Court for the Northern District of California to require the government to pay Chapman $475,000.

Neither Justice nor the Pentagon would comment on the case to Government Executive, but Chapman’s award was confirmed by his Washington attorney, Jon Cuneo of Cuneo, Gilbert & Laduca.

Keep reading this article at: https://www.govexec.com/contracting/2018/08/small-business-advocate-wins-475k-legal-fees-after-4-year-fight-government/150280/

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