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.

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.

Former VA TAC Chief Counsel joins F&A

We are pleased to announce that, on September 1st, Vincent Buonocore, Esq. joined the team!

Vince comes to us from the Department of Veterans Affairs (VA) where he served as the Senior Information Technology Procurement Counsel, co-located with the Technology Acquisition Center (TAC). In that capacity, he supervised a staff of 18 attorneys located in Eatontown, NJ and Austin, TX, supporting all IT related programs within the agency. He personally acted as counsel on all major VA IT acquisitions from 2010 through his retirement from Federal Service in August 2016 including the multi-billion dollar “Total Technology Transformation Twenty-One” (T4) and T4 Next Generation procurements. Under his supervision, the TAC obtained favorable outcomes in more than 70 Government Accountability Office (GAO) or Court of Federal Claims protests, while successfully awarding approximately $20B in contracts, earning him the Department’s Exemplary Service Award earlier this year.

Prior to joining VA, Vince served 26 years with the Department of the Army, first as a commissioned Judge Advocate Officer, then as a civilian contracts attorney with the U.S. Army CECOM, Fort Monmouth, NJ.  From 2009 to 2010, he served as Acting CECOM Chief Counsel, managing the practice of 60 CECOM attorneys and Patent Advisors across four geographic locations, and served as the final authority on all legal matters pertaining to CECOM and other resident activities, to include acquisition and litigation strategies. The office supported an Army IT research, development and acquisition activity, comprised of over 5,000 personnel, which sustained more than half of the Army’s fielded inventory, and awarded over $19B in any given fiscal year. The practice included major complex pre- and post-award contractual matters, including formal best value source selections, GAO protests, Board or Contract Appeals/Federal Court litigation, environmental, ethics, fiscal, intellectual property, public sector Labor/EEO, Freedom of Information/Privacy Act, and operational and administrative law.  During his tenure, Vince managed every aspect of office operations, and served as counsel to the Source Selection Authority (SSA) on all major source selections being conducted by the Command; the senior Command Ethics Advisor; and Initial Denial Authority on all Freedom of Information Act requests.

Prior to his assignment as Acting Chief Counsel, Vince served as Deputy to the Chief Counsel, and was responsible for all aspects of the Command’s involvement in Homeland Security, in particular, mechanisms for assisting non-Federal anti­terrorism efforts including crafting guidance for the Office of Federal Procurement Policy that would permit non-Federal authorities to utilize Department of Defense contracts to acquire anti­terrorism technologies. He assisted in fashioning cooperative research and development agreements with non-Federal authorities, including the State of New Jersey and Port Authority of New York/New Jersey, to facilitate exporting communications-electronics technology in support of such efforts. Further, during his Army tenure, Vince provided comprehensive legal support to the Army’s Night Vision Laboratory, Counter Mine, and Mobile Electric Power operations.

During his Army career, Vince was honored with numerous awards, including the Army Decoration for Meritorious Civilian Service, the Meritorious Service Medal, Army Commendation Medal and being named Army Materiel Command’s Joyce I. Allen Attorney of the Year (2001) and Francis J. Buckley, Jr. Manager of the Year (2008).

Vince was commissioned a 1st Lieutenant upon his graduation from the United States Army Judge Advocate General’s School in 1984. He earned his BA in History/Political Science from Fordham University in 1979 and his JD from the Maurice A. Deane School of Law at Hofstra University in 1982. His articles on Procurement Fraud and Board of Contract Appeals practice have appeared in The Army Lawyer. He was admitted to practice before the United States Supreme Court in 2011.

Welcome aboard Vince!