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About DWGerard1102

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  1. In that case the contractor may have exceeded its small business size standard due to its affiliation with the company that bought the company stocks. You should contact the Procurement Center Representative for your organization and let them know as the original contractor is no longer eligible for small business set asides if they, via their affiliation with the buying company, is no longer a small business.
  2. Is the original contractor a small business? If so, there are additional factors to consider.
  3. The $4M restriction applies to the contract award, but it does not restrict the KO from exceeding that cap after award unless it is an obvious attempt to game that restriction. The regulations themselves only speak to the contract award amount. If the contractor is not an ANC or other tribal entity, then two years after award the KO can modify the contract as high as needed so long at the SBA is notified of the modification no later than the contractor is notified of the modification along with a statement that the modification was not contemplated prior the award of the contract. If the contractor is an ANC, then the cap is not $4M, it is $22M per FAR 19.808-1, so there should be no angst about modifying the contract up to that level.
  4. awhinton, I believe the reason is that GSA is awarding another option for the contract due to either an extension or a protest ruling. I don't have the slides from the training event yet, (should get them sometime this week), so I can't be more specific.
  5. I just went to a GSA training event yesterday and heard that the 8(a) STARS II contract is just entering its Option Period this year so all contractors will need to recertify their small business status in October per the GSA rep. That recertification is required per 13 CFR § 121.404(g)(3) for long term contracts at the 5th year of the contract and at the start of subsequent option periods.
  6. Freyr, Thanks, I am not sure why the link did not work but that is the correct case. The case itself only dealt with a limited scope but the entire amount of malfeasance that I found went back much farther.
  7. https://www.justice.gov/archive/usao/ma/news/2010/July/THROWERverdictPR/html
  8. Yes, click on the SBIR website on page 2, and then the PPT link and the phone numbers and email addresses are within that PPT presentation.
  9. This is a 2013 presentation of the SBA's Guide to SBIR/STTR Program Eligibility but most of the information is still correct. There have been some changes since then but they relaxed the requirements in those changes so if you meet the standards in this guide, you SHOULD be okay. The only CORRECT answer has to come from a direct inquiry to the current SBA SBIR website on page 2 of the document. SBIR-STTR elig_size_compliance_guide.pdf
  10. The answer is not a set date, it would come down to when the Buying firm's interest became control of the company being purchased. In a size determination the reviewer would look at that information and make a determination. Usually there is a point in the negotiation between the Buyer-Seller where intent is clear, and that date would be the point that affiliation is assumed. At that point the revenues of both firms would be combined to determine the size of the combined firms.
  11. For the latter (assisting small businesses...), you might want to check out the PTAC (Procurement Technical Assistance Center) or SBDC (Small Business Development Center) in your area or in areas you would be interested in. Those organizations are outside of the Federal employment system so you would not be a GS-1102 if you worked there. There a lot of offices for both categories, and most are located in or associated with universities so they provide an interesting place to work. Those organizations specifically assist small businesses in the Federal contracting arena so your contracting experience would be of value as an employee at those organizations.
  12. A BPA is not a contract so a company that becomes a large business right after the BPA is established would not be a small business because each BPA award is an independent contract/purchase order. If the BPA is from a 5 year or less contract where the contractor is considered a small business, then the BPA awards would only be to a SB until that contract ended or the KO required the contractor to recertify its SB status. It can get complicated when KO's decide they are the SB goal keeper, instead of just letting the regulations do their job. For an ID/IQ contract, each delivery/task order award would be a SB award if the contractor was a small business at the time it submitted its proposal with pricing unless the business lost its small business status between that time and the award IF the KO required a recertification at the time of award. A business that met the small size standard at either the submission of proposal with cost or time of award (if the KO required recertification), would be a small business for the contract PoP up to 5 years even if it became a large business the day after award, including ID/IQ contract DO/TOs. That is UNLESS the DO/TO Contracting Officer decided to demand that the contractor recertify its SB status for the DO/TOs. Which would not make any sense unless the KO wanted to take that right away from the contract holder.
  13. contractor2589, If the contractor is a small business when they submit their proposal for the ID/IQ MAS contract, and subsequently grows outside of the size standard for the contract, the contractor retains its small business standard for that contract for the life of the contract EXCEPT for long term (greater than 5 year), contracts per 13 CFR 121.404(a)(1)(I). Two exceptions for that statement is 1. If the Delivery Order/Task Order KO requests that all competitors recertify their small business status in the solicitation for the order, then competitors size is determined at the time they submit their quote/proposal for that order per 13 CFR 121.404(a)(2)(g); and 2. In long term contracts, all small business participants in the contractor pool must recertify their status no more than 120 days prior to the end of the 5th year and any subsequent options per 13 CFR 121.404(a)(3).
  14. I was a KO who worked without a CS staff to support my procurement work when I worked for DHS. It worked well for my office until one KO started hiding work from the supervisory KO who monitored about 5 KOs in the organization. That KO was fired and none of his appeals were successful. On the other hand, I was a CS earlier in my career and I found a KO and a PM not doing their jobs ethically and I, as a CS, was completely ignored by the entire organization when I tried to do something about that. I ended up resigning from that position, leaving the Civil Service completely, and later the chickens came home to roost in that office and some people went to jail and others were forced to retire.
  15. I made the jump to the private sector Government contractor from a Federal Civil Service position some time ago and it was a pretty even shift. The job position I applied for and was hired for (Senior Procurement Administrator), was worded much like a USAJOBS announcement for an 1102 and specifically called out for experience with the FAR, DFARS and other Government related areas. My job was to sit on the other side of the table from Federal contract negotiators and later the same individuals in foreign governments for contract negotiations. It was different enough to open my eyes to serious negotiation procedures compared to what I had previously experienced in the Federal Government. It was the same in that the FAR, DFARS and eventually foreign government procurement regulations were the basis of many negotiations.
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