No Pay, No Need to Say: GAO Clarifies What Judgments and Settlements Require Disclosure under FAR 52.209-7

Representations and certifications are an integral part of the requirements for any solicitation. While each solicitation may require different representations and certifications, what precisely is required for a given representation or certification is generally governed by the FAR. One of the more common requirements is that an offeror provide information to the Federal Awardee Performance and Integrity Information System (FAPIIS) regarding its current federal awards and recent judgments against it concerning federal procurements that result in payment by the offeror, and this is governed by FAR 52.209-7. Recently, GAO addressed the question of just what recent judgments must be disclosed under that FAR rule. In this post, we will explore their decision.

Continue reading

Setting the Standard: How the SBA Determines Size Standards for Small Businesses

In a recent post, we examined some proposed new size standards for manufacturing and other industries that utilize employee-based size standards. This probably got many of you wondering: How does the SBA determine what the size standards should be? It’s a good question, and today, we’re going to look at just that. Hopefully, this will provide some insight as to the SBA’s approach to setting size standards.

Continue reading

Industrial Expansion: Proposed New Size Standards for Manufacturing and Other Industries with Employee-Based Size Standards

The SBA’s regulations state it will examine monetary-based size standards (e.g., receipts, net income, assets) at least once every five years and determine if adjustments are needed to those standards at such time. 13 C.F.R. § 121.102. But what about employee-based size standards? In fact, the same rule applies for reviewing and adjusting those standards as a result of the Small Business Jobs Act of 2010. On April 26, 2022, the SBA published its proposed rule to change the size standards for a number of employee-based size standards for manufacturing and other industries. Let’s look at these changes.

Continue reading

The DFARS Approach to Data Rights

We have discussed data rights in the general federal government context, now it is finally time to look at the DFARS’ approach to this area of intellectual property. One thing: The DFARS (Defense Acquisition Regulation Systems) does not replace the FAR. It is a supplement, not a completely different set of rules. That said, there are certain nuances that the contractor needs to be aware of in order to navigate the DoD’s requirements.

Continue reading

Back to Basics: Joint Ventures

Many of our readers are familiar with a number of the nuances of joint ventures. In fact, in the past few years, many of you have utilized this nifty little concept! That said, for those of you newer to the government contracting business (and as a refresher for those who have been in this for a while), here is a short rundown of the basics of joint ventures in government contracting.

Continue reading

Other Transaction Authority? What Other Transaction Authority? – A Look at OTA

Ah, the Federal Acquisition Regulations, or FAR. Quite numerous and complex, yes, but they provide a standardized set of rules and procedures that govern federal government procurements.  Regardless of what contract you’re dealing with (other than a few exceptions such as the FAA, which is not subject to the FAR), you can be sure that the rules of the FAR govern it.

Unfortunately, that last statement is not true.

Continue reading

Transformers: Offerors in Disguise – GAO Sustains Protest Regarding Evaluation Based on Separate Offers from the same Offeror

Without wanting to make the audience feel too old, I was not yet born when Transformers was a pop culture phenomenon. Still, it’s a simple but fun concept: robots that transform to and from cool vehicles. Regardless of what form they take, they are still the same character.

The same cannot be said of government contractors submitting an initial bid for the first phase of a solicitation as a prime contractor and a bid as a member of a contractor teaming agreement (CTA) for the second phase of said solicitation. While the same company is involved, the bids are treated as being from different entities. Such was the case in the GAO matter of Softrams, LLC, B-419927.4 (Feb. 7, 2022).

Continue reading