WOSB Sole Source Authority

On May 1, 2015, the Small Business Administration (SBA) published a proposed rule to implement Section 825 of the National Defense Authorization Act (NDAA) for 2015. That section of the NDAA included language which grants Contracting Officers the authority to award sole source contracts to Women-Owned Small Businesses (WOSBs) and Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) in addition to the current authority to set-aside acquisitions for these businesses. Notably, unlike other small business socio-economic categories, WOSB/EDWOSB set-aside/sole source awards will still only be available for certain NAICS codes where women are underrepresented (for EDWOSBs) or substantially underrepresented (for WOSBs). The contracts, including options, cannot exceed $6.5 million for manufacturing and $4 million for all others.

Another significant change to the program is that WOSBs and EDWOSBs must be certified by a Federal Agency, a State government, or a national certifying entity approved by the SBA. However, SBA has said that this requirement will be promulgated by separate rulemaking and will not impact this new authority. In other words, WOSBs/EDWOSBs who are currently self-certified will still be eligible for sole source awards when this new rule goes into effect. Comments are due by June 30, 2015. The complete rule can be accessed at http://www.gpo.gov/fdsys/pkg/FR-2015-05-01/html/2015-10331.htm

Please contact us if you would like more information.

F&A now in Huntsville Alabama

We are pleased to announce that Frank Faraci, Esq. has joined the team! Frank is the former Chief, Acquisition Law Division, Legal Office, U.S. Army Aviation and Missile Command, Redstone Arsenal, Alabama. Frank started his government career as a JAGC officer at Redstone Arsenal from 1971-1974 performing duties in military justice, legal assistance, administrative law and labor law. After his military service, he served as an attorney advisor in the MICOM Legal Office at Redstone Arsenal performing duties initially in the areas of labor law, Freedom of Information, and Privacy Act and, finally, in acquisition law in 1978. His legal duties include legal support for major weapon systems acquisitions, services contracts, spare parts contracts and foreign military sales contracts. He served as a branch chief from 2001 until his assignment as Chief of the AMCOM Acquisition Law Division from December 2005 until his retirement. He retired from government service in July 2014 and has over 35 years experience in government acquisition at Redstone Arsenal. Frank has executed the full range of legal support in the acquisition field including requirements generation, source selections, protests, litigations and contract administration. Notably he is the recipient of the Superior Civilian Service Award.

Welcome aboard Frank!