Section 809 Panel Recommends Changes to Domestic Purchase Preferences

The Section 809 panel is the Congressionally-mandated group that has made a number of far-reaching recommendations to change current programs that affect DOD acquisitions.

Another one of their ideas is to eliminate certain domestic purchasing preferences by having Congress create exceptions for DOD purchases and create a public interest exception for the Berry Amendment. The panel’s concern is that the purchasing restrictions can result in higher prices, reduced volume, or delivery delays.

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5 Things You Should Know: SBA Certificates of Competency

If a contracting officer determines that a small business offeror is not qualified to perform under a solicitation, that usually means the offeror’s proposal will be rejected. In some instances, however, the offeror gets a second chance through the SBA’s Certificate of Competency (“COC”) program.

Here are five things you should know about the COC program.

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Say What? SBA Says the Runway Extension Act Doesn’t Apply to SBA

The Small Business Runway Extension Act continues to be a hot topic of conversation among small businesses. For good reason: it revised the receipts calculation period for revenue-based size standards from three years to five.  

In late 2018, the SBA opined that the Runway Extension Act wasn’t applicable because the SBA had not yet updated its regulations. Following industry pushback, the SBA’s position seems to have evolved. During a panel discussion at this year’s National 8(a) Conference, the SBA said that the Runway Extension Act applies to every agency that might adopt its own size standards . . . just not the SBA itself.

This new justification is a bit of a head-scratcher. And I still don’t think the SBA has it right.

Let’s work through the SBA’s position together.

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“Eliminate Most DoD Small Business Set-Asides,” Says Section 809 Panel

The Section 809 Panel has recommended that Congress eliminate most small business set-asides for DoD acquisitions. The Panel would replace the longstanding set-aside system with a meager five percent small business price preference.

For small government contractors, this recommendation is the policy equivalent of a five-alarm fire. Small contractors may need to fight hard to save the set-aside system.

Get ready for a battle.

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Section 809 Panel Recommends Eliminating COFC’s Ability to Consider Protests After GAO’s Resolution

Among its suggestions to streamline the acquisition process, the Section 809 Panel has proposed to eliminate the ability to file a protest at GAO and the Court of Federal Claims. Instead, the Panel would require protesters to choose between filing at GAO or the Court.

Let’s take a look.

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House Passes Bill to Increase Potential Size of Sole Source Awards

Amidst the news cycle focusing on the government shutdown, there is some other action in the House of Representatives that recently caught our eye.

The House recently passed a bill called the “Expanding Contracting Opportunities for Small Businesses Act of 2019.” If the bill becomes law, we will see a dramatic expansion in the size of sole source contracts for SDVOSBs, WOSBs, and HUBZones.

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What’s the Purpose of a Bid Protest? Section 809 Panel Suggests An Answer

Counseling clients and prospective clients on a potential bid protest, we often ask: Why would you like to file this protest? Of course, the answer inevitably involves the discussion of a flaw (or several) in the evaluation process that, had they not been committed, would have resulted in a different award decision.

In its latest report, the Section 809 Panel offers another consideration: Will this protest ensure confidence in the acquisition system?

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