GAO: Task Order Outside Scope of Underlying IDIQ Not Allowed

As agencies look for ways to streamline acquisitions, task and delivery order procurements are becoming increasingly popular. But an agency doesn’t have unfettered discretion to award work under a multiple-award contract; each task or delivery order must be within the scope of the awarded IDIQ.

A recent GAO opinion considers what happens when an agency issues task orders that are outside the scope of the underlying multiple-award contract.

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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.

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Kingdomware Doesn’t Require Recertification For GSA Schedule SDVOSB Set-Aside Orders

The Supreme Court’s landmark ruling in Kingdomware Technologies, Inc. v. United States does not require SDVOSBs to recertify their eligibility in connection with individual GSA Schedule task orders.

In a recent decision, the SBA Office of Hearings and Appeals held that Kingdomware doesn’t affect the SBA’s SDVOSB eligibility regulation for multiple-award contracts, which specifies that if a company qualifies as an SDVOSB at the time of the initial offer for a multiple-award contract, it ordinarily qualifies as an SDVOSB for all orders issued under the contract.

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SDVOSB Task Order Eligibility: SBA OHA Provides Some Clarity

If an SDVOSB was eligible at the time of its initial offer for a multiple-award contract, the SDVOSB ordinarily retains its eligibility for task and delivery orders issued under that contract, unless a contracting officer requests a new SDVOSB certification in connection with a particular order.

In a recent SDVOSB appeal decision, the SBA Office of Hearings and Appeals confirmed that regulatory changes adopted by the SBA in 2013 allow an SDVOSB to retain its eligibility for task and delivery orders issued under a multiple-award contract, absent a request for recertification.

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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%.

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Cost/Price Evaluation To Be Discretionary For Some DoD IDIQs

Under the 2017 National Defense Authorization Act, the DoD has the discretion to forego a price or cost evaluation in connection with the award of certain multiple-award contracts.

The 2017 NDAA  includes some important changes that are sure to impact federal procurements. Section 825 of the NDAA, which allows DoD contracting officers to forego price or cost evaluations in certain circumstances, is one of these changes.

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SmallGovCon Week In Review: April 4 – 8, 2016

For me, the theme this week has been “rock stars.”  I began the week with my friends at APTAC–the rock stars of procurement counseling.  And last night, I enjoyed 3 1/2 hours of the rock stars of, well, rock stars, as Bruce Springsteen and the E Street Band played the Sprint Center in Kansas City.

Even as the refrain from “Badlands” keeps running through my head (not a bad thing!) I haven’t forgotten that it’s Friday–and that means it’s time for the SmallGovCon Week In Review.  In this week’s edition, Samantha Bee offers a pointed but humorous take on the pace of progress for WOSBs, a contractor is accused of SDVOSB fraud in a $23 million case, the SBA is proposing to consolidate the SBIR and STTR Policy Directives, and much more.

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