New Avenue for SBA Protests: Ostensible Subcontractor Status Protests

SBA has issued a final rule, effective December 30, that will now provide an avenue to protest situations where the prime contractor on a SDVOSB, HUBZone, or WOSB set-aside contract is subcontracting most or all of the work to a non-similarly situated—but still small business—concern.

It will also allow SBA to review eligibility for 8(a) Program contracts on this ground as well.

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SBA Proposes to Remove the “Three” from the “Three-In-Two” Rule for Joint Ventures

The SBA recently proposed a rule that would amend the infamous three-in-two (AKA 3-in-2) rule for joint ventures. SBA’s current regulations provide that a joint venture can be awarded no more than three contracts over a two-year period.

While SBA plans to keep the two-year lifespan for joint venture awards, it plans to get rid of the three contract maximum.

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GSA Releases IT Security and Authentication Solutions for Federal Agencies

GSA released a Draft Identity, Credentialing, and Access Management (ICAM) Solutions Catalog in response to an Executive Order and a new Office of Management and Budget (OMB) policy. These ICAM Solutions will assist federal agencies in managing and monitoring user access to information systems in order to ensure secure operations and could change security and authentication procedures for federal contractors.

From the President on down, cybersecurity, including authentication, is a pressing concern for all federal contractors.

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COFC Rejects Agency’s Basis for Default Termination

The Court of Federal Claims recently reversed an agency’s default termination of a contractor that had experienced numerous performance issues and delays. The agency claimed that performance was “incurably behind schedule,” despite the contractor’s proposed recovery schedule.

The court held that the agency lacked a reasonable belief that the contract could not be timely completed.

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OHA Lacks Jurisdiction for NAICS Appeal of GPO Procurement on VA’s Behalf

OHA recently confirmed that it lacked jurisdiction to decide a NAICS code appeal regarding a GPO procurement, even though that procurement was conducted on behalf on the VA. OHA’s dismissal was based on the fact that GPO, a legislative branch agency, is not subject to the same rules as the executive agencies.

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GSA Demystifies DUNS Replacement ID

Change can be confusing. Change can be frustrating.” No, this is not from the cover of a self-help book. This is GSA’s acknowledgment that, often, we fear change.

To combat fears about changes to the DUNS number, GSA recently released a Q&A providing some answers on the new Unique Entity ID (UEI) Standard, which is set to replace the current DUNS system in December 2020. The Q&A followed GSA’s online meeting on the topic in July, which hosted over 700 attendees. GSA answered general questions about the transition, the UEI that will be used, and how to obtain a new identifier. Let’s take a look.

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GSA On Track to Release Consolidated MAS Program Schedule On First of October

This week, GSA announced it is on track to debut its Consolidated Multiple Acquisition Schedule (MAS) Program Schedule Solicitation on October 1. GSA also gave federal contractors planning to bid on the MAS a head start on the process by releasing a final draft solicitation and an updated industry FAQs sheet.

Let’s take a look at how to utilize this opportunity to prepare for the solicitation’s long-awaited debut.

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