The 2018 National Defense Authorization Act put a new twist on potential costs a contractor may incur in filing a GAO bid protest.
SOURCE: 2018 NDAA: Unsuccessful GAO Protesters May be Liable for Government Costs
For small government contractors, joint ventures can be an important vehicle for successfully pursuing larger and more complex opportunities. As the SBA’s All Small Mentor-Protege Program enters its second full year, the popularity of joint ventures seems to be increasing significantly.
GAO typically affords agencies wide discretion to establish technical restrictions within solicitations.
In a recent decision, however, GAO confirmed that such discretion is not unbounded. When an agency’s technical restriction is unduly restrictive of competition, the GAO will sustain a bid protest.
SOURCE: GAO Sustains Protest of “Unduly Restrictive” Solicitation Requirement
In a recent post, I discussed the basics about SBA’s 8(a) Business Development Program. This follow-up posts discusses 8(a) eligibility requirements in greater detail.
As a general rule, the SBA is prohibited from accepting a solicitation into the 8(a) Business Development Program if the procuring agency previously expressed publicly a clear intent to award the contract as a small business set-aside.
SOURCE: GAO: 8(a) Sole-Source Set-Aside Proper Notwithstanding Prior Intent
The VA is considering using so-called “tiered evaluations” to address concerns that SDVOSBs and VOSBs may not always offer “fair and reasonable” pricing, even when two or more veteran-owned companies compete for a contract.
SOURCE: VA Considering “Tiered Evaluations” To Address SDVOSB Price Concerns
Under the SBA’s economic dependence affiliation rule, two companies can be deemed affiliated when one company is responsible for a large portion of the other company’s revenues over time. But must both companies count one another as affiliates—or does the rule only apply when the recipient’s size is challenged?
While being fashionably late to a party may give the impression that one is a busy and popular person that was held up with other business, being fashionably late in federal contracting will typically have dire consequences.
SOURCE: PPQs Submitted Late? “No Problem,” Says GAO–At Least In One Case
The GAO has again suspended a protester, Latvian Connection LLC, citing the company’s “abusive litigation practices.”
SOURCE: GAO Suspends Protester–Again–For “Abusive Litigation Practices”
A “similarly situated entity” cannot be an ostensible subcontractor under the SBA’s affiliation rules.
In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that changes made to the SBA’s size regulations in 2016 exempt similarly situated entities from ostensible subcontractor affiliation.
SOURCE: “Similarly Situated Entities” Exempt From Ostensible Subcontractor Affiliation, SBA OHA Confirms