We already blogged on the COFC’s landmark Rule of Two decision in Tolliver Grp., Inc. v. United States. But the court’s two-part holding (in favor of the plaintiffs on both counts) was just too impactful for a single blog. Not only did the court fault the agency for failing to do a Rule of Two analysis before using an IDIQ, it also said that the agency failed to justify the decision to cancel the solicitations and switch contract vehicles under the Administrative Procedure Act (APA) standard of review, which the court called a “highly deferential”–but not “toothless”–review.
Continue readingAuthor Archives: Nicole Pottroff
Event: Still a Game Changer: The SBA’s All Small Mentor-Protégé Program (2021 Update)
SBA’s All Small Mentor-Protégé Program isn’t a baby anymore—in fact, it isn’t even a toddler! But it remains a “game-changer” for large and small contractors alike. Now, it is effectively absorbing its 8(a) Mentor Protégé Program counterpart.
On February 11, please join me and Steven Koprince in an online session hosted by Govology where we cover the details of the recent mentor protégé program consolidation, along with all the other big changes to the program we’ve seen this last year.
Please click here for the registration information. Hope to see you there!
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.
Continue readingCongress 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.
Continue readingOHA: 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.
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