SmallGovCon Week in Review: July 23-27, 2018

Big news broke this week as the Department of Defense released its massive (and somewhat controversial) JEDI cloud computing solicitation. But there were plenty of other developments affecting government contractors, too. Let’s take a look at some of these developments, in this week’s SmallGovCon Week in Review.

This edition highlights opportunities for small businesses under OASIS, potential changes to the acquisition process, and more.

Have a great weekend!

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2018 NDAA: Congress Enacts Changes to DoD Debriefings

Almost a year ago, we wrote of a memorandum from the Office of Federal Procurement Policy urging agencies to strengthen the debriefing process. OFPP’s rationale was simple: because effective debriefings tend to reduce the number of protests, agencies should be inclined to enhance the debriefing process.

Congress seems to have taken note: the 2018 National Defense Authorization Act requires the Department of Defense to make significant improvements to the debriefing process.  That said, those improvements are limited to large DoD acquisitions, leaving many small businesses stuck with the much more limited debriefing rights currently available under the FAR.

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5 Things You Should Know: SBA’s 8(a) Business Development Program (The Basics)

Editor’s Note: You can find our updated post on the 8(a) Business Development Program here.

If you’re a small business owner interested in government contracts, you’ve probably heard about the SBA’s 8(a) Business Development Program. The 8(a) Program itself is complex, but its potential benefits are tremendous. In this post, I’ll break down some of the very basics about the 8(a) Program, leaving some of its complexities for upcoming posts.

Let’s get to it: here are five things you should know about the 8(a) Program.

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Ostensible Subcontractor Affiliation: Who Manages The Work Matters

So you’ve teamed with an ineligible incumbent contractor to bid on some government work and, to try and maintain continuity, the incumbent would like to retain project management functions. “No big deal,” you think, “I’ll just create a management position to oversee the project manager.”

Actually, it could be a big deal if you’re trying to avoid ostensible subcontractor affiliation. Among the four key factors for determining ostensible subcontractor affiliation is whether the management previously served with the subcontractor under the incumbent contract. And according to a recent SBA Office of Hearings and Appeals decision, creating a figurehead management position to oversee the project manager won’t negate this indicia of ostensible subcontractor affiliation.

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5 Things You Should Know: All Small Mentor-Protege Program

Editor’s note: For more information, check out our updated post on SBA’s Mentor-Protégé Program.

In late 2016, the SBA rolled out a fantastic tool to help small business grow in the marketplace.

Here are five things you should know about the SBA All Small Mentor-Protégé Program:

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Failure to Timely File Comments Leads to Dismissed Protest

When my nephew started kindergarten, his vocabulary expanded to include a new phrase: “Rules are rules, and you have to follow the rules!” For my nephew (who, if I’m being honest, can be a bit mischievous), this newfound respect for following rules was adorable.

Government contractors should commit this lesson to heart: you have to follow the rules! As one government contractor recently learned, this includes GAO’s bid protest filing rules. Where a protester doesn’t follow the rules, its protest is likely to be dismissed.

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