How does an agency’s corrective action affect the deadline to file an SBA size protest? As one recent SBA OHA case shows, the answer is “it depends.”
Source: SBA Size Protest Deadlines: What About Corrective Action? – SmallGovCon
Under the FAR, unbalanced pricing may increase performance risk and can result in the government paying unreasonably high prices. But the concept of unbalanced pricing is often misunderstood in practice.
Source: GAO: Understated Pricing Alone Isn’t “Unbalanced Pricing” – SmallGovCon
GAO lacks jurisdiction to consider bid protests of most subcontract awards, and its bid protest jurisdiction has narrowed since 1991 as the GAO no longer considers protests of subcontracts awarded “for” the government.
Source: GAO Confirms: No Protests of Most Subcontract Awards – SmallGovCon
To be eligible for a small business set-aside procurement seeking a manufactured product, an offeror has to either be the product’s manufacturer or otherwise qualify under the nonmanufacturer rule.
Source: SBA OHA Provides Clarity on the Nonmanufacturer Rule – SmallGovCon
Civilian agencies may issue class deviations to quickly implement provisions of the 2018 National Defense Authorization Act increasing the micro-purchase threshold to $10,000 and the simplified acquisition threshold to $250,000.
In a memorandum for civilian agencies issued on February 16, the Civilian Agency Acquisition Council says that agencies may elect to adopt interim authority allowing their Contracting Officers to take advantage of these higher thresholds, even as the FAR Council goes through the formal process of codifying those changes.
Source: SmallGovCon – Legal News and Notes for Small Government Contractors
As a contractor, you strive to do the best job for the fairest price and to develop a good working relationship with the government. But in government contracts—like in any other—disputes sometimes arise. So what’s the best way to protect your interests under the contract?
Here are five things you should know about the basics of claims:
A subsidiary cannot file an SBA size protest on behalf of its parent company.
Source: SBA Size Protests: Subsidiary Couldn’t File for Parent – SmallGovCon
The government can add new Blanket Purchase Agreements through an “on-ramp” provision contained in the FAR, according to a recent GAO bid protest decision.
Source: Agencies May Use “On-Ramps” Under BPAs, GAO Confirms – SmallGovCon
A VA solicitation indicated on the cover sheet that it was an SDVOSB set-aside, but the solicitation omitted the mandatory VAAR SDVOSB set-aside clause. The GAO sustained a protest, holding that the solicitation was patently ambiguous.
Source: SDVOSB Set-Aside or Not? GAO Sustains Protest of Ambiguous VA Solicitation – SmallGovCon
The Federal Circuit overturned a bid protest decision issued by the Court of Federal Claims and held that a sole source justification was not improper.
Source: Federal Circuit Affirms Sole-Source Justification – SmallGovCon