Subcontractor Experience Irrelevant Where Subcontractor Won’t Perform Similar Tasks, Says GAO

Prime and subcontractor teaming is a common way for contractors to leverage the experience of the team’s anticipated subcontractors to make proposals more attractive to federal clients, particularly when past performance is a substantial evaluation consideration.

This approach, however, recently ran into a snag when the proposed subcontractor was not going to perform the discrete work areas that its past performance experience supported, which lowered the past performance score of the bid. In the resulting protest, GAO concluded the agency got the evaluation right, and was not required to credit all of the subcontractor’s experience.

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How Not to Make a Terminator, by the Defense Innovation Board

You know the story. The government creates artificial intelligence—badda bing badda boom—you’re fighting Arnold Schwarzenegger in a post-apocalyptic battle for the planet. It’s a tale as old as 1984 (and still being told).

But it doesn’t have to be that way. The Department of Defense asked the Defense Innovation Board to prepare a report called “AI Principles: Recommendations on the Ethical Use of Artificial Intelligence by the Department of Defense” or as I call it a Terminator avoidance plan.

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A Halloween Surprise: President Trump Revokes Executive Order 13495

Executive Order 13495 has had a bit of a rocky past. Originally issued by President Clinton, the Order has been rescinded and then replaced, depending on the President’s political persuasions. After being reinstated by President Obama in 2009, many assumed that President Trump would have promptly rescinded it again.

Three years into his administration, President Trump has now acted: on Halloween, he rescinded Executive Order 13495.

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House Passes Bill Supporting Women’s Business Centers

In a slew of recent activity, H.R.4405, the Women’s Business Centers Improvements Act of 2019, sponsored by Rep. Sharice Davids (D-KS) and Rep. Jim Hagedorn (R-MN), was one of many bills to pass the House of Representatives. Most notably, the bill doubles the available grant monies for each Women’s Business Center (“WBC”) and introduces an accreditation program for WBCs.

These components, if approved, will help WBCs better serve women-owned businesses across the nation. This post will also highlight some aspects of this already helpful resource.

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SBA’s Oversight of ANC-Owned 8(a) Firms Has Come a Long Way, But Still Has a Long Journey Ahead, GAO Says

In its report published last week, GAO both commends and criticizes SBA for its handling of tribally affiliated 8(a) business development firms—particularly Alaska Native Corporations (ANCs) and ANC-owned businesses participating in the 8(a) program.

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For 2020, DOL Raises Minimum Wage for Federal Contractors to $10.80

The Department of Labor annually increases the minimum wage for federal contractor employees in accordance with Executive Order 13658. It recently noticed, via the Federal Register, that the 2020 minimum wage for most of these employees will increase from $10.60 to $10.80. For tipped employees, the cash wage will increase from $7.40 to $7.55.

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