Proposed FAR Update to Allow Small Business Set-Asides for Contracts Outside USA

Traditionally, small business set-asides are not utilized in Federal contracts performed outside the United States. The SBA allows for contracts performed outside the United States to use set-asides or sole-source awards, but the FAR does not reflect this. Recently, the Department of Defense, General Services Administration, and NASA have proposed an update the FAR that would reflect the allowance of small business set-asides and sole-source awards in contracts performed outside of the United States. 

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GAO Examines Requirements for Sole-Source Contracts

Sole-source awards can make many contractors feel left out of the loop of the procurement process. GAO in the past has upheld that sole-source contracts are allowable so long as the agency has a reasonable justification for the sole-source contract. Recently GAO re-examined what constitutes a reasonable “justification and award” for a sole-source contract.  

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2020 NDAA to Create New Acquisition Pathways for DOD Software Contracts

The proposed National Defense Authorization Act for fiscal year 2020 introduces new pathways for certain Department of Defense software acquisitions. These proposed software acquisition pathways would be separate from the traditional Department of Defense acquisitions process, and contain sweeping streamlining functions, especially within their supervisory structure. If passed, this new pathway could have a significant effect on how defense agencies acquire software. 

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GAO finds DOD Middle-Tier Acquisition Pathway Needs More Oversight

Congress has long had concerns that Department of Defense procurements did not act fast enough to get innovations in the hands of our nation’s warfighters. Section 804 of the 2016 National Defense Authorization Act addressed this concern by requesting the creation of procurement pathways for rapid prototyping and rapid fielding. To achieve this aim, a “middle-tier” DOD procurement pathway was created. The roll-out of this middle-tier pathway has been complicated and GAO recently decided to look at why.

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Task Order Size Protests: Too Little, Too Late, Says SBA OHA

So, your company has made it past the first big hurdle and got on a GSA schedule. You see a small business task order pop up that you believe your company would be perfect for, but another company gets the award. Based on information you have heard or read, you believe something fishy may be going on and the awarded company may be a big fish that found its way into the small pond. But can you timely protest the task order award?

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