SmallGovCon Week In Review: January 16-20, 2017

It is inauguration day, and we are beginning a new chapter in America’s history. We’re expecting lots of government contracting changes in short order (beginning with repeals of some of the Obama Administration’s Executive Orders), so check in with us here on SmallGovCon regularly for updates.

As we honor our nation’s unparalleled tradition of peaceful transitions of power, it’s time for the SmallGovCon Week In Review. In this week’s edition, two commentators weigh in on the GAO’s denial of four protests of the major Alliant 2 GWAC, two major corporations are facing potential debarment stemming from alleged discrimination, Set-Aside Alert discusses how the new Trump Administration will affect small contractors, and much more.

Continue reading…

SBA To Provide Strategy For Small Businesses To Improve Cybersecurity

By the middle of this year, the U.S. Small Business Administration should have a strategy in place to assist small businesses with cybersecurity.

The 2017 National Defense Authorization Act is chock full of interesting legal changes for government contractors, and although we have chronicled it in depth, that does not mean there is not necessarily more to be mined from the whopping 1,587-page legislation.

Continue reading…

Federal Court Again Says Agency Erred By Not Clarifying Proposal Errors

A procuring agency erred by failing to seek clarification of obvious errors in an offeror’s proposal, according to a recent ruling by the U.S. Court of Federal Claims.

In Level 3 Communications, LLC v. United States, No. 16-829 (2016), the Court held that although a Contracting Officer has discretion over whether to seek clarification of a proposal, this discretion is not unlimited. By failing to clarify obvious errors, the Contracting Officer’s decision was arbitrary, capricious, and an abuse of discretion.

The decision builds on a 2013 case, BCPeabody Construction Services, Inc., No. 13-378C (2013), in which the Court reached a similar conclusion. But so far, the GAO has drawn a hard line, essentially holding that an agency’s discretion in this area is unlimited.

Continue reading…

ITVAR Nonmanufacturer Subject To 150-Employee Size Standard, Court Says

An offeror submitting a proposal under a solicitation designated with the Information Technology Value Added Resellers exception to NAICS code 541519 must qualify as a small business under a 150-employee size standard–even if the offeror is a nonmanufacturer.

In a recent decision, the U.S. Court of Federal Claims held that an ITVAR nonmanufacturer cannot qualify as small based solely on the ordinary 500-employee size standard under the nonmanufacturer rule, but instead must also qualify as small under the much smaller size standard associated with the ITVAR NAICS code exception.

Continue reading…

SDVOSB Fraud: Indictment In $13.8 Million “Rent-A-Vet” Case

Two Missouri men have been indicted for allegedly perpetrating an SDVOSB “rent-a-vet” scheme to fraudulently obtain 20 contracts totaling more than $13.8 million.

According to a Department of Justice press release, the veteran in question nominally served as the company’s President, but did not control the company’s strategic decisions or day-to-day management–in fact, the veteran apparently was working full-time for the DoD instead of managing the SDVOSB.

Continue reading…

SmallGovCon Week In Review: January 9-13, 2017

There is a lot of excitement brewing here in our neck of the woods. We are cautiously awaiting a potential ice storm that is expected to hit town today and roll through the weekend, our Kansas Jayhawks are in action against Oklahoma State on Saturday and a win will likely seal them as the new number 1 seed in the polls and of course the Kansas City Chiefs have their AFC divisional round game against the Pittsburgh Steelers on Sunday. I’m no fan of cold weather, so I’ll be watching the Jayhawks from Allen Fieldhouse and the Chiefs-Steelers game from the comfort of my living room.

While we await “icemaggedon” here in Kansas, it’s time for the SmallGovCon Week In Review. This week’s government contracting news includes three updates to the FAR affecting, a new survey shows that small businesses are spending more time and money trying to win contracts, a federal court rules that a large prime’s subcontracting plan was exempt from disclosure under the Freedom of Information Act, and more.

Continue reading…

Accelerated Small Business Subcontractor Payments Extended To December 31, 2017

The government’s policy encouraging prompt payment to small business subcontractors has been extended to December 31, 2017.

In a Memorandum issued on January 11, 2017 by the Office of Management and Budget, OMB Director Shaun Donovan ordered that the popular policy be extended to the end of the year, and provided additional direction to agencies regarding their quarterly reports on implementing the accelerated payment policies.

Continue reading…