Tag archive

SmallGovCon - page 2

Congress Expected to Reject Section 809 Panel Recommendation to Eliminate Small-Business Set-Asides

in Blog by

As we wrote about, the Section 809 Panel had recommended that Congress eliminate most small business set-asides for DoD acquisitions. The Panel suggested replacing small business set-asides with a five percent small business price preference. It looks like Congress heard our concerns—and those voiced throughout industry—and will reject this suggestion.

SOURCE: Congress Expected to Reject Section 809 Panel Recommendation to Eliminate Small-Business Set-Asides

One Protest Spoils the Bunch

in Blog by

GAO recently dismissed several bid protests to an $82 billion procurement because of the actions of a company that had already lost its protest.

SOURCE: One Protest Spoils the Bunch

Years after Expiration of Mentor-Protege Agreement, Joint Venture Still Small Based on Status as of Proposal Date

in Blog by

SBA regulations say that size is determined as of the date an offeror submits its initial proposal, with price. On its face, this rule seems pretty straight forward. But what happens if the initial proposal was filed six years ago? And what if the joint venture that submitted the proposal has since expired? Following OHA’s recent logic, the proposal-date rule stands even in these unique circumstances.

SOURCE: Years after Expiration of Mentor-Protege Agreement, Joint Venture Still Small Based on Status as of Proposal Date

Ignorance is Bliss? Not When it Comes to Timely Filing of Protest, Says GAO

in Blog by

Ignorance is bliss, right? Not always. In the world of government contracting, GAO recently dismissed a protest because its initial agency protest was not timely filed, reminding the protester that ignorance of the law is no excuse.

SOURCE: Ignorance is Bliss? Not When it Comes to Timely Filing of Protest, Says GAO

GAO: Proposal Strengths Must be Based on Solicitation Criteria, Not Merely Benefit to Government

in Blog by

Agencies often find unanticipated, innovative content in offerors’ proposals. And unsurprisingly, those proposals are often the ones selected for award. But a recent GAO decision reminds us that all strengths an agency assigns must be supported by the stated evaluation criteria. In other words, the solicitation must thoroughly inform offerors of these evaluation criteria, and the agency must equally evaluate offerors under them. An offeror’s proposal should not get extra credit for proposing things that are not anticipated by or logically encompassed in the solicitation.

SOURCE: GAO: Proposal Strengths Must be Based on Solicitation Criteria, Not Merely Benefit to Government

ASBCA Awards Contractor Compensation for Extra-Contractual Changes

in Blog by

Contract changes, particularly in the construction context, can be flash points for the Government and a contractor. In some cases, the Government will assert that the contract requires the contractor to perform certain work; the contractor, pointing to the same (or another) contractual provision, will argue that the contract does not require it. These diverging positions can often lead to contentious litigation.

SOURCE: ASBCA Awards Contractor Compensation for Extra-Contractual Changes

GAO Disagrees with SBA: Consolidation Analysis Not Required for BPAs

in Blog by

No, the government isn’t trying to figure out how it can bundle home and auto coverage to save on its insurance premiums. Instead, “consolidation” in the federal government contract context refers to the action of collecting requirements being performed under discrete small business set-aside contracts into a single procurement. Before an agency may consolidate contracts, it must consider the impacts the proposed consolidation will have on small business participation. Recently, however, GAO was asked to determine whether consolidation analyses are required for Blanket Purchase Order (“BPA”) procurements, and its decision did not adopt the SBA’s position.

SOURCE: GAO Disagrees with SBA: Consolidation Analysis Not Required for BPAs

GAO Examines Requirements for Sole-Source Contracts

in Blog by

Sole-source awards can make many contractors feel left out of the loop of the procurement process. GAO in the past has upheld that sole-source contracts are allowable so long as the agency has a reasonable justification for the sole-source contract. Recently GAO re-examined what constitutes a reasonable “justification and award” for a sole-source contract.

SOURCE: GAO Examines Requirements for Sole-Source Contracts

GAO: Agencies Must Explain Cost Realism Evaluation Determinations

in Blog by

GAO recently held in ATA Aerospace, LLC, B-417427 (July 2, 2019) that agencies are required to explain how offerors’ proposed labor hours and prices are, or are not, in line with historical data from predecessor contracts when conducting cost realism evaluations.

SOURCE: GAO: Agencies Must Explain Cost Realism Evaluation Determinations

U.S. Government to Ditch the DUNS

in Blog by

Earlier this month, the GSA announced a new Unique Entity Identifier Standard for Federal awards management. The new standard will go into effect December 2020. It will replace the current DUNS number system as the official identifier for all businesses contracting with the U.S. Federal Government. This should make registering to do business with the federal government a little easier, but the proof will be in the roll-out.

SOURCE: U.S. Government to Ditch the DUNS

Go to Top