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.
Continue readingAuthor Archives: Nicole Pottroff
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.
Continue readingGAO 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.
Continue readingSBA 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.
Continue readingEvent: 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.
Playing Games? GAO Requires NASA to Scratch $650 Million Contract Due to Foosball Snafu
While most of our get-togethers these days involve mask wearing, social distancing, and even virtual happy hours, spending time with friends is a great way to keep spirits light. Unfortunately for one group of friends, their weekly hangouts led GAO to conclude in its recent decision, Teledyne Brown Engineering, Inc., B-418835 (Sept. 25, 2020), that NASA had to cancel a more than $650 million deal and start the procurement process all over.
Continue readingSBA Clarifies that SBIR and STTR Programs Will Allow Successor-In-Interest Transfers of Awards
SBA recently issued a technical amendment to its SBIR and STTR Programs Policy Directive to clarify that successor-in-interest entities are, in fact, eligible to receive phase III awards. The amendment will take effect on October 1 of this year.
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