Kingdomware Doesn’t Affect SBA Size Protest Timeliness, Says SBA OHA

The Supreme Court’s now-famous Kingdomware decision doesn’t affect the timeliness of SBA size protests of GSA Schedule orders.

In a recent decision, the SBA Office of Hearings and Appeals rejected the notion–based in part on Kingdomware–that an GSA Schedule order is a “contract” for purposes of the SBA’s size protest timeliness rules.  Instead, OHA held, the SBA’s existing rules clearly distinguish between contracts and orders, and often effectively do not permit size protests of individual orders.

Continue reading

SmallGovCon Week In Review: February 27-March 3, 2017

March has arrived, and March Madness will be here soon. With the Kansas Jayhawks looking like a top seed and my Duke Blue Devils sitting at Number 14 in the Coaches Poll, I’m hoping to be watching my teams a lot this month.

While we await conference tournaments and Selection Sunday, it’s time for the SmallGovCon Week In Review.  This week’s edition is packed with the latest developments in government contracting, including guilty pleas from seven defendants accused of contract fraud, questions about the Trump administration’s position on category management, the Federal Times takes a look at which agencies will have the most follow-on work up for grabs in 2017, and much more.

Continue reading

SmallGovCon Week In Review: February 20-24, 2017

It’s hard to believe, but this is already the last SmallGovCon Week In Review of February 2017. The year seems to be flying by, and there’s never a shortage of government contracting news. This week is no exception.

In this edition of the SmallGovCon Week in Review, one commentator suggests that the Trump administration revive an old contracting practice, a Pennsylvania man faces up to 10 years in prison after admitting to paying bribes and kickbacks on federal construction projects, government contracting gurus Guy Timberlake and Mark Amtower offer some candid commentary on the industry, and much more.

Continue reading

VA SDVOSB Reverification: Now Every Three Years, Not Two

SDVOSBs and VOSBs will only be required to obtain reverification every three years under an interim final rule adopted yesterday by the VA.

The VA’s new rule replaces the prior rule, which required reverification every two years.  The purpose of the change?  To “reduce the administrative burden on SDVOSB/VOSBs regarding participation in VA acquisition set asides for these types of firms.”

Continue reading

SmallGovCon Week In Review: February 13-17, 2017

Spring seems to have sprung here in Lawrence, even though the calendar still says February. These past few days we have been treated to 70+ degree weather. For me, the early spring temps have meant playing outside with the kids and, well, blogging about government contracts here inside the office, but with the window open.

Speaking of government contracts blogging, it’s time for our weekly look at the latest government contracting news and notes. In this week’s SmallGovCon Week In Review, Congress is likely to repeal former President Obama’s “blacklisting” rule, Jason Miller of Federal News Radio wonders if contractors are worrying too much over the GSA’s transactional data rule, the SBA has a new leader, and much more.

Continue reading

GovConVoices: Women-Owned Small Businesses Still Underrepresented On Government’s Biggest Contracts

Taken as a whole, the Government-wide performance metrics for small business utilization are encouraging.

The Small Business Administration’s FY2015 report card shows that the Government exceeded its prime contracting goals across four of the five socioeconomic categories measured. Moreover, the amount of federal spend going to small businesses reached an all-time high of over 25%.

Continue reading

Ostensible Subcontractor Rule: SBA OHA Confirms “Four Key Factors” To Avoid

In determining whether a prime contractor and subcontractor are affiliated under the ostensible subcontractor rule, the SBA is supposed to consider the totality of the relationship between the parties.  But when it comes to determining whether the ostensible subcontractor rule has been violated, not all components of the prime/subcontractor relationship are created equal.

In a recent decision, the SBA Office of Hearings and Appeals confirmed that there are “four key factors” that are strongly suggestive of ostensible subcontractor affiliation–especially if the subcontractor will perform a large percentage of the overall contract work.

Continue reading