SmallGovCon Week In Review: September 19-23, 2016

I am wrapping up a great trip to Huntsville, Alabama, where I gave a presentation yesterday the Redstone Edge conference. As I make my way back home, it’s time for our weekly roundup of government contracting news and notes.

In this week’s SmallGovCon Week In Review, fourth quarter spending is actually down this year, Congress takes aim at the “Fair Pay and Safe Workplaces” executive order, and much more.

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Federal Court Protest Causes GAO Dismissal

When multiple unsuccessful offerors protest a solicitation, the GAO ordinarily will dismiss any and all bid protests associated with the procurement in the event one unsuccessful offeror takes its case to federal court–even if some protesters would prefer to remain at the GAO.

As one federal contractor recently learned in Colleague Consulting, LLC—Reconsideration, B-413156.18 (Sept. 12, 2016), the GAO’s jurisdictional rules prevent it from deciding protests when the outcome of the protest could be affected by a pending federal court decision.

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DOL Offers “Fair Pay” Preassessment–But Will Contractors Use It Willingly?

The Department of Labor has announced a new “preassessment” initiative, under which a government contract can voluntarily ask the DOL for an assessment of the contractor’s record of labor law compliance.

The preassessment program is designed to help contractors discover if they may have any trouble with their mandatory disclosures under the new Fair Pay and Safe Workplaces Executive Order, which will take effect beginning on October 25. Voluntary use of the preassessment program may be a good idea for any contractor with a history of labor issues, but I wonder what will be more likely–contractors choosing to use it on their own, or being pushed to use it by prospective teammates?

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SmallGovCon Week In Review: September 12-16, 2016

For many sports fans, it’s now football season, but I’m still focused on baseball, with my Chicago Cubs clinching the Central Division title last night.  There are still more regular season games to be played, but I’m looking forward to the start of the playoffs, where the Cubs will try to end a 108-year World Series drought.

Of course, baseball isn’t the only thing on my mind these days–especially this close to the end of the government’s fiscal year.  As always, I’ve been keeping a close eye on government contracting news.  This week, SmallGovCon Week In Review includes stories on the latest developments in the Alliant 2 procurement process, insightful commentary by Guy Timberlake on a terrible new proposal for small business goaling, a major bid protest filed by Delta Air Lines, and much more.

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SBA Size Protests: Investigation Not Required Outside Of Protest Allegations

When the SBA evaluates a size protest, it is not required to investigate issues outside of those raised in the size protest itself.

A recent decision of the SBA Office of Hearings and Appeals demonstrates the importance of submitting a thorough initial size protest–and confirms that the SBA need not investigate issues outside of the allegations raised in the protest.

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8(a) Program Survives Court Challenge–But Battle Could Continue

The 8(a) Program has survived a major challenge to its constitutionality–but the legal battle over the 8(a) Program’s future may well continue.

On Friday, a two-judge majority of the U.S. Court of Appeals for the D.C. Circuit held that the statute that creates the 8(a) Program is not unconstitutional. While the D.C. Circuit’s decision is a big win for proponents of the 8(a) Program, the limited scope of the ruling–and a sharp dissent from that ruling–signal that the fight over the future of the 8(a) Program may not be over.

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SmallGovCon Week In Review: September 6-9, 2016

Happy Friday! Here at Koprince Law, we’ve been busy posing for pictures for our new firm website (coming soon) and enjoying our annual trip to the Taste of Lawrence event last night, where we were able to enjoy food from local restaurants, hear live music and interact with the community.

Even with all that fun we have managed to bring you this edition (albeit a little later in the day) of SmallGovCon Week In Review. In this week’s edition, we bring you the latest on the ENCORE III bid protest, a look at the how a continuing resolution will affect contractors, underfunding of efforts to investigate whistleblower claims, and more.

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