Section 809 Panel: Congress Should Order Government to Communicate with Contractors

Congress should require Government acquisition personnel to communicate with industry, according to the Section 809 acquisition reform panel.

In the third and final volume in its series on streamlining and improving DoD acquisition processes, the Section 809 Panel takes aim at Government reticence to communicate with industry, and says that merely permitting such communications doesn’t go far enough.

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COFC: False Information in SDVOSB Application Proper Grounds for VA Removal

While most of the rules for SDVOSB eligibility now reside with the SBA, the VA is still responsible for verification of entities for inclusion into its database of verified SDVOSBs and VOSBs. A recent Court of Federal Claims case describes what sort of conduct might get a business removed from the VA’s database–even if that conduct doesn’t run afoul of the SBA’s SDVOSB rule.

While the conduct in this case is somewhat egregious, it is a good reminder that VA has the power to thoroughly investigate the eligibility of an SDVOSB and can revoke the verified status based on inaccurate statements in an application.

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SmallGovCon Week In Review January 14 – January 18, 2019

As the shutdown ticks into its 27th day, federal employees and contractors across the nation wait in limbo with no end in sight. Hopefully the pain ends soon, and everyone can get back to work.

Meanwhile, closer to home, folks are very excited about the AFC Championship this weekend. Hopefully our New England-area readers will excuse our overt partisanship towards the Chiefs.

Even with the shutdown, there have been some important developments in government contracting. This week, we’ll look at a new DOD rule about LPTA procedures, suggestions for the DOD’s CIO, and more.

Have a great weekend . . . and GO CHIEFS!

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What’s the Purpose of a Bid Protest? Section 809 Panel Suggests An Answer

Counseling clients and prospective clients on a potential bid protest, we often ask: Why would you like to file this protest? Of course, the answer inevitably involves the discussion of a flaw (or several) in the evaluation process that, had they not been committed, would have resulted in a different award decision.

In its latest report, the Section 809 Panel offers another consideration: Will this protest ensure confidence in the acquisition system?

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GAO Rules on GSA Schedule Contracts: Size Usually Stays, 8(a) Status Doesn’t

Does 8(a) status remain in place for the duration of GSA Schedule contracts? GAO says no.

In MIRACORP, Inc., B-416917 (Comp. Gen. Jan. 2, 2019), the incumbent contractor for administrative support services sought by the Department of Energy, protested the Department’s evaluation and award of a delivery order to RiVidium, Inc., an 8(a) small business. GAO dismissed the protest, saying that the protester–which had graduated from the 8(a) program–lacked standing because it wasn’t eligible for the 8(a) set-aside order.

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Don’t File an Appeal with CBCA Before Filing a Claim with the Contracting Officer

Let’s suppose that, under your contract, an agency hasn’t properly paid for your work. Or the agency took actions that caused you damages. Can you run off to the Civilian Board of Contract Appeals to register your complaint and recovery your money?

Yes . . . if you’ve taken an important preliminary step: filing a claim with the contracting officer.

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