COFC Says Agency Must Consider Rule of Two Before Using Multiple-Award IDIQ Contract Vehicle

The United States Court of Federal Claims (COFC) has ruled that an agency has to conduct a small business Rule of Two analysis before it can use an existing multiple-award indefinite delivery indefinite quantity (MAIDIQ) contract vehicle to procure services.  This is a landmark decision, given that GSA Schedule contracts are exempt from the Rule of Two.  

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Congress Says Small Businesses Without Past Performance Can Submit Joint Venture Experience Instead

Per the 2021 NDAA that was recently approved by Congress, small business offerors without their own past performance experience can now submit experience earned as part of a joint venture–and the procuring agency must consider it. This change will significantly benefit newer companies that do not yet have the individual experience to successfully compete for government contracts (that is, assuming the President signs the NDAA). It will also add an incentive for start-up companies to take advantage of SBA’s joint venture opportunities.

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OHA: CVE Appeals Go Directly to Us, Not CVE

OHA recently confirmed it lacked jurisdiction over a CVE appeal mistakenly filed with CVE, not OHA, by the deadline. You might be thinking: “Oh come on, the CVE appeal was filed with CVE on time!” But OHA’s strict timeliness rules make no exception for any such mistakes in the CVE appeal process. In fact, OHA disclaims the authority to even consider a late appeal, regardless of whether or not it was timely (but improperly) filed with CVE itself.

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GAO Clarifies Increase-the-Scope Exception For Task Order Jurisdiction

GAO may only consider protests to civilian agency task or delivery orders under $10,000,000 if the protests allege that the order increases the scope, period, or maximum value of the underlying contract. GAO recently dismissed a case for lack of jurisdiction where the protester relied on the underlying contract’s ordering clause to argue that the agency’s amendment to the evaluation scheme was “out of scope.” Let’s take a look.

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YouTube Tuesday: 8(a) Eligibility, Appealing Denials

You put your heart into submitting your 8(a) Business Development Program application, but you still got denied. All is not lost! Join me as I discuss how to request reconsideration or appeal 8(a) denials.

If you have questions or would like assistance drafting a request for reconsideration or appeal, you can reach me here.

SBA Inspector General Says SBA’s Corrective Actions Have Effectively Resolved 8(a) Eligibility Concerns

SBA’s Office of Inspector General (OIG) recently inspected SBA’s 2019-2020 corrective actions to determine whether they had effectively reduced the risks previously found in SBA’s 8(a) Program eligibility determinations. Apparently, the OIG liked what it saw.

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Event: Iowa State University CIRAS PTAC Affiliations Webinar

Amidst all the uncertainty that FY 2020 has brought, don’t let your understanding of SBA’s affiliation rules add to that list! Instead, join me and my colleague Steven Koprince for an exciting new learning opportunity. We will be presenting “Affiliations,” a virtual event hosted by the Iowa State University Center for Industrial Research and Service (CIRAS) PTAC.

In this webinar, we will demystify the concept of affiliation in government contracts. We will explain (in plain English and using examples for key concepts) SBA’s rules surrounding common ownership and common management, as well as commonly misunderstood affiliation rules like those involving familial relationships and economic dependence.

The event will take place on November 5, 2020, from 9:00 AM – 10:00 AM (CDT). You can find additional information and register for this event here.