Thank You, Wyoming!

I’ve just returned from Casper, Wyoming, where I had the pleasure of presenting at the annual GRO-Biz Conference & Idea Expo. It was a great opportunity to meet new folks and learn about issues facing the government contracting community.

Special thanks to the Wyoming Procurement Technical Assistance Center for organizing the event along with the Wyoming Small Business Development Center, the Small Business Administration, the Wyoming Business Council and the University of Wyoming. Oh, and U.S. Senator Mike Enzi.

While getting there was a bit of an adventure (thanks United Airlines!) it truly was a great time and great event. Hope to see you again soon.

GAO Dismisses Protest Where Proposal was Unacceptable

In a protest before GAO, prejudice is an essential element. Even if GAO might agree that an agency’s action was improper, it will not sustain a protest where the protester would not have received the award anyway.

That’s what happened in the protest of Benaka Inc., B-416836 et al. (Dec. 16, 2018).

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OHA Denies First-Ever VA SDVOSB Status Protest

The Small Business Administration Office of Hearings and Appeals has denied a protest of the service-disabled veteran-owned small business status of a company seeking to perform work for the U.S. Department of Veterans Affairs.

The decision was not particularly controversial or otherwise notable in and of itself. What is notable is that this was the first VA-status SDVOSB protest decision ever issued by OHA.

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UPDATE: Bill to Change Size Measurement Term from Three to Five Years Becomes Law

You probably know this already—from what we can tell word is spreading like wildfire—but Monday (Dec. 17, 2018) the president signed the “Small Business Runway Extension Act of 2018” into law. 

This changes the period of time the U.S. Small Business Administration uses to measure a business’s size in revenue-based size standards from three years to five years. The law doesn’t say that there will be a period of implementation, so it’s reasonably safe to assume the effect is immediate. 

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Bill Changes Size Determination Measurement Period from Three Years to Five

With the stroke of a pen, Congress may have just paved the way for some soon-to-be large businesses to remain small for longer. 

Both the House of Representatives and the Senate have passed a bill that would amend the Small Business Act to change the period of measurement used to determine the size of a business from three years to five. The bill awaits the president’s signature to become law. 

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Supreme Court Could Limit Agency Power

Monday, the U.S. Supreme Court decided to hear a case that could have far reaching implications in agency law—including for government contractors. The Court granted certiorari to a case that could greatly diminish the amount of deference given to agencies interpreting their own regulations. 

For contractors, a Supreme Court decision to curtail agency deference could lead to increased success rates in bid protests and other disputes.  

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