SBA All Small Mentor-Protégé Program and Joint Ventures

We have published several articles here over the past year regarding the SBA’s “All Small” Mentor-Protégé Program (MPP). Since that time, the MPP has been shown to be incredibly popular – particularly because of the feature that permits a Large Business Mentor and Small Business Protégé to form a Joint Venture without their employees (or revenue) being aggregated and running afoul of the SBA’s rules of affiliation. However, there are a number of hazards that can affect smooth sailing over SBA’s seas. Regardless of the size or status of either the potential Mentor or Protégé, we can help you navigate those waters to reach your destination. Please contact us to discuss ways in which we can be of service.

Army’s $34.5B RS3 contract draws first post award protest from Proteus Technologies

The Army’s $34.5B RS3 contract drew its first post award protest.  Proteus Technologies LLC filed a protest to the GAO on May 26th, with a decision due on 9/5/2017.  By way of background Proteus Technologies was one of three firms that recently merged to form Polaris.  The other two firms were EOIR Technologies (“EOIR”) of Fredericksburg, VA and Intelligent Software Solutions (“ISS”), of Colorado Springs, CO.

Updated Department of Defense Instruction

Assuming that, if you are reading this post, you are (or wish to be) doing business with the Department of Defense (DoD), you might not be aware that DoD updated its Instruction (DoDI) 5000.02 which covers the Operation of the Defense Acquisition System back in February. This LINK will get you to the 188 page “red lined” document which describes the acquisition process from initial capabilities (what DoD needs or wants), through funding , and the various acquisition models, e.g., “hardware intensive,” or “incrementally deployed software intensive programs.”

This is a good resource for those who need the current DoD guidance, and while it is specifically designed for DoD components, there is much that you might find useful as you pursue federal Government opportunities in general. Please contact us if we can help you navigate the federal acquisition and post-acquisition waters.

F&A to attend AUSA Global Force Symposium

Vic Ferlise, Mike Ferlise and Frank Faraci will be attending AUSA’s Global Force Symposium and Exposition in Huntsville, Alabama.

The 2017 AUSA Global Force Symposium & Exposition is a three-day event that will include presentations from the United States Army Materiel Command, the United States Army Training and Doctrine Command, and the Office of the Assistant Secretary of the Army (Acquisition, Logistics and Technology).

This symposium will explore the capabilities outlined in the Army Operating Concept and how the force transforms from being adaptive to driving innovation for Force 2025 and beyond.

For more information please click the link below:

AUSA Global Force

F&A attending Government Contracts Year-in-Review

Mike Ferlise and Vince Buonocore will be attending the upcoming Thomson Reuters “Government Contracts Year-in-Review” conference in Washing, DC from February 14th through the 16th.  This event will provide high-level, expert briefings on the past year’s legal developments affecting government contracts.


The National Defense Authorization Act for Fiscal Year 2017 has imposed significant restrictions on, and preconditions for the use of, the Lowest Price Technically Acceptable (LPTA) Basis for Award. LPTA has been increasingly employed by organizations within the Department of Defense (DoD) in a wide array of acquisitions based upon the relative speed with which such acquisitions can be completed and the minimal protest risk attributable to that approach regardless of the appropriateness or applicability of the LPTA Basis for Award to the objectives and structure of those acquisitions. This change, which must be implemented in the Defense Federal Acquisition Regulation Supplement (DFARS) within the next four months, should substantially limit DoD’s reliance upon LPTA, and instead require DoD to more frequently employ the Best Value Trade-Off Basis for Award.

SEC 813 – Use of lowest price technically acceptable source selection process.

(a) Statement of policy.—It shall be the policy of the Department of Defense to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Department the benefits of cost and technical tradeoffs in the source selection process.

(b) Revision of defense federal acquisition regulation supplement.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to require that, for solicitations issued on or after the date that is 120 days after the date of the enactment of this Act, lowest price technically acceptable source selection criteria are used only in situations in which—

(1) the Department of Defense is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers;

(2) the Department of Defense would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal;

(3) the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal;

(4) the source selection authority has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the Department;

(5) the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and

(6) the Department of Defense has determined that the lowest price reflects full life-cycle costs, including for operations and support.

(c) Avoidance of use of lowest price technically acceptable source selection criteria in certain procurements.—To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of—

(1) information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, or other knowledge-based professional services;

(2) personal protective equipment; or

(3) knowledge-based training or logistics services in contingency operations or other operations outside the United States, including in Afghanistan or Iraq.

(d) Reporting.—Not later than December 1, 2017, and annually thereafter for three years, the Comptroller General of the United States shall submit to the congressional defense committees a report on the number of instances in which lowest price technically acceptable source selection criteria is used for a contract exceeding $10,000,000, including an explanation of how the situations listed in subsection (b) were considered in making a determination to use lowest price technically acceptable source selection criteria.

Happy Holidays

From everyone here at Ferlise and Associates, we wish you a very Happy Holiday season and a peaceful and prosperous New Year!

F&A to attend National Veterans Small Business Engagement in Minneapolis

Victor Ferlise, Michael Ferlise and Wendy McCutcheon will be attending the upcoming  National Veterans Small Business Engagement (NVSBE) in Minneapolis.  NVSBE is the premier event for Veteran-Owned Small Businesses and Service-Disabled Veteran-Owned Small Businesses to connect with Procurement Decision Makers, program specialists, and contracting experts from the federal and commercial marketplaces.

GAO no longer has protest jurisdiction over civilian agency task order awards, at least for the time being.

Effective October 1st, task order “fair opportunity” awards by civilian agencies are not protestable, regardless of dollar value, except in very narrow circumstances. (i.e. if the task order is outside the scope of the underlying IDIQ, or exceeds its maximum ceiling or effective period. Those sort of challenges can still be made before the GAO or Court of Federal Claims.)   The statute creating GAO jurisdiction over fair opportunity task order awards in excess of $10M by civilian agencies contains a “sunset” provision that causes the jurisdiction to expire after FY ’16.  (The statute creating such jurisdiction for DoD agencies did NOT have that sunset provision, and accordingly their situation is unaffected.)

The FY 2017 National Defense Authorization Act (both the House and Senate versions) contains language that would reestablish GAO jurisdiction over such protests if they exceed $10M.  However, until the Act is effective, contractors wishing to challenge such awards made by civilian agencies will have no formal recourse.

F&A to attend AUSA 2016

Victor Ferlise and Michael Ferlise will be attending the Association of the United States Army (AUSA) Annual meeting in Washington, D.C.

Held every October, the AUSA Annual Meeting & Exposition is the largest land power exposition and professional development forum in North America. This event consists of informative and relevant presentations, panel discussions on pertinent military and national security subjects, workshops and important AUSA business meetings.

If you are interested in attending please click HERE to register.