SmallGovCon Week In Review: August 10-14, 2015

As the summer begins winding down, there is no shortage of government contracting news.  In this week’s SmallGovCon Week in Review, contractors push back against the executive order on sick leave, steps are being taken to strengthen cybersecurity requirements for contractors, the GAO recommends that agencies pursue deeper discounts when using the GSA Schedule, and more.

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Small Business “Rule Of Two” Doesn’t Apply To GSA Schedule

Agencies are not required to investigate the availability of small business offerors when ordering goods and services off the Federal Supply Schedule, even if multiple small business concerns would be able to compete for the contract.

As the GAO recently held in Walker Development & Trading Group, B-411357 (July 8, 2015), the small business preferences found in the Small Business Act do not apply when an agency uses the FSS.

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Supreme Court Will Hear Kingdomware SDVOSB Dispute

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.

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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GovConChat: The CVE, WOSB Sole Sources, GSA Schedule, & More

My friend Guy Timberlake of the American Small Business Coalition has launched GovConChat, which Guy described as a “candid and informative conversation with movers, shakers and thought-leaders from around the federal contracting community.”

Earlier this week, I joined Guy for a GovConChat segment.  We discussed several major changes that could be implemented as a result of the 2015 National Defense Authorization Act, as well as a recent court case holding that an offeror did not qualify for a GSA Schedule task order when the offeror’s affiliate (but not the offeror itself) held a GSA Schedule contract.  You can listed to our entire chat by following this link.

GovConChat is a great new resource to help contractors obtain perspectives from across the industry.  Go check it out, and let me know if there is a particular blog post–or other government contracts legal issue–that you would like to hear me discuss in a future segment.

Affiliate’s Schedule Contract Didn’t Count, Says Court

An offeror was not entitled to hold itself out as having a Federal Supply Schedule contract by virtue of its relationship with an affiliated company that held the FSS contract.

In a recent bid protest decision, the Court of Federal Claims held that a FSS award was improper where the awardee’s affiliate–but not the awardee itself–held the proper FSS contract.

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GSA Contractor Team Arrangement: Single-SIN Restriction Was Appropriate

A procuring agency reasonably required all members of a SDVOSB set-aside GSA Contractor Team Arrangement to possess a certain Federal Supply Schedule contract and Special Item Number.

In a recent bid protest decision, the GAO held that restricting CTAs to holders of a certain Schedule and SIN was appropriate because all of the supplies to be procured fell within the identified Schedule and SIN.

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