NAICS code appeals are now allowed on unrestricted procurements, so long as a change in NAICS code would affect the offeror’s size status for the procurement.
In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that recent SBA regulatory amendments have overturned prior OHA case law prohibiting most NAICS code appeals on unrestricted procurements.
The government awarded 24.99% of prime contracting dollars to small businesses in Fiscal Year 2014, a sharp increase over the 23.39% figure from 2013.
The SBA’s 2014 Small Business Procurement Scorecard, which was released today, shows that the government beat its 23% goal for the second year running. It wasn’t all good news, though: the government again failed to meet its WOSB and HUBZone goals.
As June winds down and we head into the last weekend of the month, I hope you are finding time to relax and catch up on your Vitamin D this summer. There was a lot in the news this week, starting with the Supreme Court’s decision to take on the Kingdomware SDVOSB case. I will continue to keep you posted on Kingdomware, but in the meantime, here are some other government contracts stories making news this week.
Is the Department of Veterans Affairs required to prioritize service-disabled veteran-owned small businesses (“SDVOSBs”) when it buys supplies and services? That, essentially, will be the question before the Supreme Court when it takes up the case of Kingdomware Technologies, Inc. vs. United States. On June 22, the Supreme Court agreed to hear the case.
The Supreme Court’s decision in Kingdomware will end a long-running battle between the VA and various SDVOSBs, which have accused the VA of creating loopholes to avoid a statutory contracting preference for veterans. Hopefully, the Court will get it right. As a matter of policy and law, the underlying decision of the U.S. Court of Appeals for the Federal Circuit is fundamentally flawed.
In a best value tradeoff evaluation, a procuring agency must consider the benefits of a lower-cost proposal, even if that proposal’s cost is not as close to the agency’s internal cost estimate as a higher-priced proposal.
As demonstrated by a recent GAO bid protest decision, it is improper in a tradeoff analysis for an agency to refuse to consider the relative benefits of paying a lower cost for a lower-rated proposal.
The U.S. Supreme Court has agreed to hear an appeal filed by Kingdomware Technologies, Inc.
News outlets are reporting that the Supreme Court will take on the question of whether the VA’s “Veterans First” rules permit the VA to circumvent SDVOSBs by using the Federal Supply Schedule. The case is an appeal from a 2014 decision of the U.S. Court of Appeals for the Federal Circuit, in which a three-judge panel ruled 2-1 in favor of the VA.
The Supreme Court grants only a small fraction of the petitions for certiorari filed with it, so just getting in the courthouse door is a victory of sorts for Kingdomware.
Much more on the pending Supreme Court case as I get the details.
With the summer solstice this weekend we are looking forward to the longest day of the year and enjoying the outdoors. Meanwhile, new developments continue in the world of federal government contracting.
Some articles you may find of interest below include comments on a long awaited reverse auction memo, two stories about deception, and the SBA receiving a nice boost from government funding.