Task Order Size Status Based On Proposal Date, Not Award Date

A contractor was eligible for award of a small business set-aside task order because the contractor was “small” as of the date of its task order proposal–even though the contractor outgrew the size standard by the time the task order was awarded.

In a recent bid protest decision, the GAO held that a contractor may qualify for the award of a set-aside task order based on the date of its initial proposal, even in cases where the agency is prohibited from taking small business credit for the award.

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Task Order Labor Categories Don’t Match Schedule Contract; GAO Sustains Protest

The GAO sustained a protest of the award of a GSA Schedule task order because the labor categories awarded under the task order were outside the scope of the awardee’s underlying GSA Schedule contract.

In a recent bid protest decision, the GAO held that the awardee’s GSA Schedule labor category–management analyst–did not align with the task order solicitation’s requirement for research analysts, general consultants, and legal administrative specialists.  As a result, the task order award was improper.

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PTAC Spotlight: Iowa PTAP Helps Contractors Prosper

The Iowa State University Procurement Technical Assistance Program provides its clients a wide range of resources thanks to its existence as a part of  ISU’s Center for Industrial Research and Service.  “We engage with our clients at multiple levels to help them develop successful businesses,” says Pam Russenberger, the statewide PTAP director.

The Iowa PTAP works extensively with small businesses new to the government market, assisting contractors in developing marketing initiatives and preparing their first successful proposals. “Helping a new government contractor receive its first contract, even if it is for only $5,000, is an incredibly rewarding experience,” Russenberger says.

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SBA “Adverse Impact” Analysis Not Required For Large Business

The SBA was not required to conduct an “adverse impact” analysis before placing a procurement under the 8(a) program because the company requesting the adverse impact analysis was not a small business under the incumbent contract.

In a recent bid protest decision, the GAO held that the incumbent contractor–which, according to the SBA, had violated the ostensible subcontractor affiliation rule–was not entitled to insist on an adverse impact analysis.

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Ostensible Subcontractor Affiliation: SBA Proposes Exception For “Similarly Situated” Entities

The ostensible subcontractor affiliation rule would be modified to include an exception for “similarly situated” entities serving as subcontractors, if a recent rule change proposed by the SBA goes into effect.

Under the SBA’s proposal, a small business would be exempt from ostensible subcontractor affiliation with another small business for a small business set-aside contract, an 8(a) participant with another 8(a) participant for an 8(a) set-aside contract, and so on.

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Family Relationships & Affiliation: SBA Proposes Clarifications

The SBA’s regulations regarding affiliation between companies controlled by close family members would be clarified under a proposed rule introduced on December 29.

Under the SBA’s current affiliation regulations, companies controlled by family members may be presumed to be affiliated, but the regulation leaves it to the SBA Office of Hearings and Appeals to determine how close the family relationship must be for the presumption to apply.  The proposed rule would clarify exactly when the presumption applies.

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Limitations on Subcontracting: SBA Proposes Sweeping Changes

The limitations on subcontracting would undergo sweeping changes under a recent SBA proposal.

On December 29, the SBA issued a proposed rule to enact the changes implemented by Congress in the National Defense Authorization Act of 2013–including a thorough re-write of the way that compliance with the subcontracting limits is calculated and enforced.

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