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SmallGovCon - page 27

“Deemed Withdrawal” of Agency-Level Protest Sinks Subsequent GAO Protest

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Readers of this blog will know that the GAO interprets its protest timeliness rules quite strictly. A recent GAO case provides us with an opportunity to review a nuanced piece of those timeliness rules. Specifically, how withdrawal of an agency-level protest affects the deadline to file a GAO protest, and what counts as a withdrawal of an agency-level protest versus an “initial adverse agency action.”

SOURCE: “Deemed Withdrawal” of Agency-Level Protest Sinks Subsequent GAO Protest

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VA CVE Unreasonably Decertified SDVOSB, Court Rules

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The VA Center for Verification and Evaluation unreasonably decertified an SDVOSB based on the results of an SBA SDVOSB decision.

SOURCE: VA CVE Unreasonably Decertified SDVOSB, Court Rules

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2018 NDAA Increases Civilian Micro-Purchase Threshold to $10,000

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The 2018 National Defense Authorization Act (NDAA) has generated lots of headlines regarding the so-called “Amazon amendment” and the Act’s prohibition on the Russian IT company Kaspersky Labs products. But gone under reported is a huge change to how the government makes small purchases.

SOURCE: 2018 NDAA Increases Civilian Micro-Purchase Threshold to $10,000

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Court Upholds “Draconian and Perverse” SBA SDVOSB Ownership Rules

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The SBA’s strict SDVOSB ownership rules can produce “draconian and perverse” results, but are nonetheless legal, according to a federal judge.

In a recent decision, the U.S. Court of Federal Claims condemned the SBA’s SDVOSB unconditional ownership requirements, while holding that the SBA was within its legal rights to impose those requirements on the company in question.

SOURCE: Court Upholds “Draconian and Perverse” SBA SDVOSB Ownership Rules

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GAO Says “No” to Air Force Buying Employees Sporks

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The U.S. Air Force cannot buy sporks, at least not in many situations.

One would think that the recently passed $700 billion defense bill would provide a little wiggle room for the military to buy paper plates and utensils for its civilian contractors, but, according to the GAO, that is not necessarily the case.

SOURCE: GAO Says “No” to Air Force Buying Employees Sporks

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Nonprofits Not Exempt From Affiliation Rules, Says SBA OHA

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A recent SBA Office of Hearings and Appeals decision confirms that there is no exception for nonprofit organizations when it comes to affiliation issues.

SOURCE: Nonprofits Not Exempt From Affiliation Rules, Says SBA OHA

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GAO Can’t Resolve SDVOSB Eligibility Protests

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The GAO lacks jurisdiction to determine whether an offeror is a service-disabled veteran-owned small business.

SOURCE: GAO Can’t Resolve SDVOSB Eligibility Protests

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GAO Confirms: DoD Task Order Protest Threshold Is $25 Million

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The GAO ordinarily lacks jurisdiction to consider a protest of a task or delivery order under a DoD multiple-award contract unless the value of the order exceeds $25 million.

SOURCE: GAO Confirms: DoD Task Order Protest Threshold Is $25 Million

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2018 NDAA: Congress Enacts Changes to DoD Debriefings

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Almost a year ago, we wrote of a memorandum from the Office of Federal Procurement Policy urging agencies to strengthen the debriefing process. OFPP’s rationale was simple: because effective debriefings tend to reduce the number of protests, agencies should be inclined to enhance the debriefing process.

SOURCE: 2018 NDAA: Congress Enacts Changes to DoD Debriefings

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ASBCA Appeals: Contractors Prevailed In 57.6% of FY 2017 Decisions

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Recently, there’s been a lot of discussion about the fact that the GAO bid protest “effectiveness rate” was a sky-high 47% in FY 2017.

SOURCE: ASBCA Appeals: Contractors Prevailed In 57.6% of FY 2017 Decisions

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