“It certainly is not a given” that contractors will recover costs caused by the 35-day shutdown, an attorney tells us. “It’s also not foregone conclusion that you automatically cannot recover those costs.”
Federal contracting shops, including government wide acquisition vehicles and the General Services Administration, are preparing for an uptick in orders from agencies in the coming days as they get back up to speed following the shutdown.
During this week’s continuing shutdown drama, White House acting chief of staff Mick Mulvaney has reportedly instructed agencies to identify the hardest hit programs, presumably to add to the growing lists of tasks the Trump administration believes it can legally perform to mitigate the pain.
The Section 809 Panel has recommended that Congress eliminate most small business set-asides for DoD acquisitions. The Panel would replace the longstanding set-aside system with a meager five percent small business price preference.
The partial government shutdown may be over but another one could be right around the corner. President Trump told the Wall Street Journal he doesn’t think a newly created board made up of 17 members of congress will be able to reach a deal over the next three weeks. Trump said another government shutdown is certainly an option. The board tasked with hashing out an immigration deal is set to meet this week and is led House Appropriations Committee Chairwoman Nita Lowey (D-N.Y.). (Wall Street Journal)
You’ve likely heard of small business set-asides, SDVOSB set-asides, 8(a) Program set-asides, HUBZone set-asides, and other set-aside categories regulated, for the most part, by the Small Business Administration. But have you ever heard of a Stafford Act set-aside?
Small-business contractors—those with ongoing commitments to supply agencies with everything from toolboxes to emergency meals to construction materials—are facing their own frustrations over the partial government shutdown. Some are among the employers least able to cope.
Without the cash reserves and diverse portfolios of major contractors, small businesses with contracts at shuttered agencies are facing big problems — and to top it off, they’re having problems collecting on work done before the shutdown.
In Adams and Associates, Inc., B-417120 et al. (Comp. Gen. Jan. 16, 2019), GAO dismissed a post-award protest, which alleged agency bias and retaliation against the protester, as untimely.
The GAO’s decision highlights the uphill battle contractors face when alleging agency bias.
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