GAO: WOSB Self-Certification May Allow “Potentially Ineligible Businesses” To Get Contracts

Woman-owned small business self-certifications (which the SBA still accepts more than 2 1/2 years after Congress eliminated it) may allow “potentially ineligible businesses” to win WOSB set-aside and sole source work, according to a fascinating new GAO report.

Among other things, the GAO report provides a comprehensive overview of the SBA’s progress addressing problems with the four major socioeconomic preference programs–8(a), SDVOSB, HUBZone and WOSB.  And to its credit, the SBA has fixed a number of previously-identified flaws.  But other problems remain, including the SBA’s now-longstanding failure to eliminate WOSB self-certification.

Continue reading…

SmallGovCon Week In Review: June 26-30, 2017

As we June comes to a close, it’s almost time to celebrate our nation’s independence. I hope all of our readers have a happy and safe 4th of July. We will take a little break from the SmallGovCon Week In Review next week but will be right back at it with a new edition on July 14th.

In this week’s roundup of government contracting news, a study finds that the win rate for incumbent contractors dropped sharply in 2016, a shady North Carolina contractor was found guilty of double billing the government for close to a decade, the SBA launches a new HUBZone map system, and much more.

Continue reading…

NAICS Codes & Task Orders: Underlying Contract Controls

When an agency competes a task order under a multiple-award contract, the agency must assign the task solicitation a NAICS code set forth in the underlying MAC.

As demonstrated in a recent SBA Office of Hearings and Appeals decision, when the MAC is assigned a single NAICS code, all task orders competed under that MAC will also be assigned that NAICS code–even if a prospective offeror believes that a different NAICS code will best describe the principal purpose of the task order acquisition.

Continue reading…

GSA Schedule Debriefing Doesn’t Extend Protest Time Frame, GAO Says

You’ve submitted a great proposal, but then you get the bad news – you lost. As most seasoned contractors know, an unsuccessful offeror often can ask for a debriefing from the agency and in doing so, hopefully get some valuable insight into its decision-making process. Many also understand that the benefits of asking for a debriefing may include extending the timeline for filing a GAO bid protest.

But not all solicitations are subject to the same debriefing regulations, and depending on how the procurement was conducted, an offeror might not be entitled to that extended deadline–as one company recently learned the hard way in the context of a GSA Schedule procurement.

Continue reading…

GovCon Voices: What the Government Wants, What It Really Really Wants

According to USASpending.gov, the government spent $472,158,562,285 last year through contracting for services and products with large and small companies nationwide. This was a $34 billion increase over the previous year, and 2017 is anticipating another increase, especially in Department of Defense spending. None of the noted totals include entitlements, grants or non-contract obligations.

The real questions most contractors ask are what does the government really want, and how does it decide who wins what contract?

Continue reading…

SmallGovCon Week In Review: June 19-23, 2017

Wednesday marked the official start of summer, and I’ll be spending the next few months taking full advantage–grilling out on the deck, enjoying a family beach trip, and more.  Whether you’re at the beach, on the deck, or sitting in an office cubicle, it’s always nice to have some good reading material.  And if you’re here at SmallGovCon, you’re among those who consider government contracting articles to be good reading material.

In this edition of SmallGovCon Week In Review, Bloomberg Government takes a look at how “mid-tier” contractors can get squeezed out of government work, the House Small Business Committee approves a bill to get some small contractors paid faster, the Army wasted as much as $28 million on “pretty” uniforms for Afghan soldiers, and more.

Continue reading…

Past Performance Reference From Sister Company Was “Inherently Biased”

In its evaluation of past performance, an agency was permitted to disregard a past performance reference prepared by an offeror’s sister company–which also happened to be in line for a subcontracting role.

In a recent bid protest decision, the GAO upheld the agency’s determination that the sister company’s reference was “inherently biased” and need not be considered in the agency’s past performance evaluation.

Continue reading…