Size Protests: Ignorance Doesn’t Excuse Failure to Respond

If you’ve ever responded to an SBA size protest, you know that the process is quite involved: SBA will require your company to provide a complete response to the protest (including production of corporate, financial, and tax records for all implicated concerns) within only a few business days. The consequences for not providing all of the requested information can be quite severe, as the SBA can presume that the responsive information would demonstrate that the concern is not a small business (through its “adverse inference” rule).

A recent OHA appeal shows the dangers of failing to adequately respond to a size protest. In Size Appeal of Perry Johnson & Associates, SBA No. SIZ-5943 (2018), the OHA affirmed the SBA’s reliance on an adverse inference and, as a result, found the protested company was not an eligible small business.

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SmallGovCon Week in Review: August 13-17, 2018

It’s mid-August, which means school is back in session! If you have little ones, we hope they had a nice first few days back.

But before we head out to enjoy the weekend, let’s take a look at the SmallGovCon Week in Review. In this week’s edition, the Pentagon’s procurement process is criticized, contractors are reminded how to prep for a government shutdown (let’s hope one doesn’t happen), and more.

Have a great weekend!

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SmallGovCon Week in Review: August 6-10, 2018

Happy Friday, everybody! It’s that time of year: federal contractors are rushing to submit bids, with the hope of awards before the end of the fiscal year. So we hope that you’re all gearing up for a relaxing weekend.

Let’s get the weekend started off right with the SmallGovCon Week in Review. This week’s edition discusses the rush of contract awards at the end of the fiscal year, DOL’s renewed focus on disability hiring practices, federal contractors behaving badly, and more.

Have a great weekend!

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GAO Denies Protest Challenging SAM Registration

One of the first things a prospective government contractor (including a joint venture) must do to be eligible for an award is to create a business profile in the System for Award Management (or “SAM”). Before making an award, in fact, the contracting officer is obligated to verify the prospective contractor is registered in SAM.

Not only must a business be registered in SAM, but its registration should be up-to-date. It’s an enduring myth of government contracting that a business’s SAM profile only has to be updated annually. But as FAR 4.1201(b)(1) instructs, an offeror’s SAM profile has to be updated as necessary to ensure that it is “kept current, accurate, and complete.”

What happens if a prospective awardee fails to update its SAM profile? Can a disappointed bidder challenge the basis of the award? The answer, according to GAO, is “it depends.”

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SmallGovCon Week in Review: July 30-August 3, 2018

Happy Friday! We hope your August is off to a great start. Before we head out for the weekend, let’s review the week that was in government contracting.

In this week’s edition of SmallGovCon Week In Review, we’ll consider federal contract procurement reforms, USDA modernization efforts, and more.

Have a great weekend!

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SmallGovCon Week in Review: July 23-27, 2018

Big news broke this week as the Department of Defense released its massive (and somewhat controversial) JEDI cloud computing solicitation. But there were plenty of other developments affecting government contractors, too. Let’s take a look at some of these developments, in this week’s SmallGovCon Week in Review.

This edition highlights opportunities for small businesses under OASIS, potential changes to the acquisition process, and more.

Have a great weekend!

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SmallGovCon Week in Review: July 16-20, 2018

Happy Friday! Before we sign out for the weekend, let’s take a look at the government contracting highlights for the past week.

In this edition of SmallGovCon Week in Review, we’ll check in with our friend Guy Timberlake for the latest on GSA FSS spending, consider GAO’s recommendations for DOD award time frames, look at NASA’s increases in small business spending, and more.

Have a great weekend!

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