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SmallGovCon

What’s the Purpose of a Bid Protest? Section 809 Panel Suggests An Answer | SmallGovCon – Government Contracts Law Blog

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Counseling clients and prospective clients on a potential bid protest, we often ask: Why would you like to file this protest? Of course, the answer inevitably involves the discussion of a flaw (or several) in the evaluation process that, had they not been committed, would have resulted in a different award decision.

Source: What’s the Purpose of a Bid Protest? Section 809 Panel Suggests An Answer | SmallGovCon – Government Contracts Law Blog

Unpopulated Joint Venture Can Be “Manufacturer” For SBA Size Purposes | SmallGovCon – Government Contracts Law Blog

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When a small business sells products to the government under a contract designated with a manufacturing NAICS code, the small business either must be the “manufacturer” of the products, or separately qualify under the nonmanufacturer rule. The nonmanufacturer rule, in turn, requires the prime contractor to have no more than 500 employees, whereas manufacturers may fall under larger size standards–some as big as 1,500 employees.

Source: Unpopulated Joint Venture Can Be “Manufacturer” For SBA Size Purposes | SmallGovCon – Government Contracts Law Blog

GAO Affirms Broad Corrective Action Authority for Agencies | SmallGovCon – Government Contracts Law Blog

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As we have previously noted on the blog, a substantial number of protests filed before GAO end in voluntary corrective action taken by the protested agency. In recent decision, GAO addressed just how much discretion agencies have in designing corrective actions.

Source: GAO Affirms Broad Corrective Action Authority for Agencies | SmallGovCon – Government Contracts Law Blog

Agency May Request SDVOSB Recertification on MATOC Orders, Says GAO | SmallGovCon – Government Contracts Law Blog

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In a recent decision, GAO determined an agency could reasonably amend a solicitation for a task order issued under a set-side base contract to require offerors to recertify their size and SDVOSB status at the task order level.

Source: Agency May Request SDVOSB Recertification on MATOC Orders, Says GAO | SmallGovCon – Government Contracts Law Blog

Why Does the 8(a) Program Penalize Older Business Owners? | SmallGovCon – Government Contracts Law Blog

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The 8(a) Program can offer incredible opportunities: sole source contracts, set-aside competitions, mentor-protege relationships, SBA business training and much more.

Source: Why Does the 8(a) Program Penalize Older Business Owners? | SmallGovCon – Government Contracts Law Blog

COFC: Agency Cannot Ignore Changed Solicitation Requirements after 4-Year Bid Protest Saga | SmallGovCon – Government Contracts Law Blog

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A recent court case details the aftermath of a bid protest battle lasting over four years. During that period, the agency’s requirements had changed, and the court held that the agency was required to amend its solicitation as a result.

Source: COFC: Agency Cannot Ignore Changed Solicitation Requirements after 4-Year Bid Protest Saga | SmallGovCon – Government Contracts Law Blog

Update: SBA Says 5-Year Receipts Calculation Period Not Yet Effective | SmallGovCon – Government Contracts Law Blog

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On December 17, 2018, the Small Business Runway Extension Act became law. As we’ve previously written, this Act had a single purpose: to extend the measurement period of the SBA’s calculation of average annual receipts, from three years to five.

Source: Update: SBA Says 5-Year Receipts Calculation Period Not Yet Effective | SmallGovCon – Government Contracts Law Blog

SDVOSB Regulations Reveal Typo in Exceptions to Ownership Conditions | SmallGovCon – Government Contracts Law Blog

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As we’ve written about on the blog, SDVOSB regulations were consolidated under the SBA’s rules beginning October 1, 2018, and those changes included some good and bad changes. We recently noticed a single letter in one of the changes that, while most likely a typo, could potentially affect the meaning of one part of the new regulation.

Source: SDVOSB Regulations Reveal Typo in Exceptions to Ownership Conditions | SmallGovCon – Government Contracts Law Blog

5 Things You Should Know: NAICS Code Appeals | SmallGovCon – Government Contracts Law Blog

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NAICS code appeals are a useful tool in any small business government contractor’s toolbox. If successful, an appeal can dramatically change a procurement’s competitive landscape—either by limiting the pool of eligible offerors, or expanding it.

Source: 5 Things You Should Know: NAICS Code Appeals | SmallGovCon – Government Contracts Law Blog

Failure to Update Joint Venture Agreement Costs Mentor-Protege SDVOSB JV a Contract | SmallGovCon – Government Contracts Law Blog

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Updating your joint venture agreement is essential to maintaining compliance with SBA’s regulations and failing to update could cost you contracts.

Source: Failure to Update Joint Venture Agreement Costs Mentor-Protege SDVOSB JV a Contract | SmallGovCon – Government Contracts Law Blog

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