Welcome to the latest edition of the Week in Review. It’s been a busy week in the federal government contracting world and the attorney-authors at SmallGovCon are striving to provide you with the latest updates. Some key stories from this week include executive orders on massive procurement reform (read our summary here) and the push for commercial IT solutions, to ongoing agency-level budget tightening, it’s been a wild ride. Have a great weekend!
Continue reading…Lately, it seems there has been an uptick in questions we receive at webinars, on the blog, and from prospective clients about the HUBZone program. There may be more interest in this program than there has been in the past as it could be a key tool for procurement designations in the future. At the same time, the HUBZone program, while making some aspects of the program more flexible, has also put more scrutiny on current and aspiring HUBZone contractors. This post talks about one process that puts a lot of scrutiny on HUBZone contractors: a HUBZone status protest.
Continue reading…Yesterday, the new administration issued a new Executive Order (EO) officially requiring a reformation of the Federal Acquisition Regulations (FAR) and a thorough review of the federal procurement system in general. Along with related EOs, they direct the Office of Federal Public Procurement Policy (OFPP), the FAR Council, and the heads of and “senior acquisition and procurement officials” from our federal agencies to create the “FAR 2.0”–as it has aptly been deemed. And they have 180 days to do it.
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Happy Friday! We hope you had a great week. This week in federal government contracting: GSA has announced a fresh round of OASIS Plus unrestricted awardees, expanding opportunities for vendors in the professional services space, and OMB also released memos signaling new AI policy goals. You can read more about this and other federal government contracting news in the articles below. Have a great weekend!
Continue reading…In Part I of this two-part blog, we covered an SBA proposed rule that would require agencies to apply the Rule of Two to most standard multiple award contracts (MACs) and task and delivery orders thereunder. In that blog, we covered the Rule of Two generally and the basics of SBA’s proposed changes to it. Well, as promised, this Part II blog is going to dig in a bit deeper to this proposed rule, its driving policies, and its potential impacts. But a whole lot has changed in the federal government contracting landscape (even since Part I of this blog). So, I will also address the elephant in the room (as best I can) by providing information regarding the big questions, “will the proposed rule stand a chance–and will there even still be a Rule of Two–under the new administration?“
Continue reading…Recently, we looked at part of a Court of Federal Claims (COFC) decision regarding the duty of good faith and fair dealing. In that post, we observed how, unsurprisingly, the government’s insistence that a contractor carry out the express terms of a contract is not strong ground for a claim of breach of the duty of good faith and fair dealing. In this post, we’re going to continue our review of this case (with regards to the duty of good faith and fair dealing) and give more general thoughts on this duty. We’ll finish up with a third post that addresses the biggest issue in this case.
Continue reading…In federal contracting, often times the agencies are given a good amount of leeway in their evaluations and award decisions, so long as the agency followed the solicitation terms. In a recent GAO decision, an agency was reminded by the GAO that it must follow exactly what it wrote in its solicitation when making its award decision. Specifically, past performance criteria must be followed by the agency in evaluation past performance examples.
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