SBA regulations say that size is determined as of the date an offeror submits its initial proposal, with price. On its face, this rule seems pretty straight forward. But what happens if the initial proposal was filed six years ago? And what if the joint venture that submitted the proposal has since expired?
Following OHA’s recent logic, the proposal-date rule stands even in these unique circumstances.
Continue readingCybersecurity is a key concern of the federal government, which means that it should be a key concern for federal contractors, too.
To address a perceived cybersecurity risk, the 2019 NDAA prohibited the government from buying telecommunications devices produced by certain companies—namely, Huawei Technologies, ZTE Corporation, or any of their subsidiaries. In a proposed rule announced this week, this ban will be effective beginning August 13, 2019.
Continue readingIgnorance is bliss, right? Not always. In the world of government contracting, GAO recently dismissed a protest because its initial agency protest was not timely filed, reminding the protester that ignorance of the law is no excuse.
Continue readingContract changes, particularly in the construction context, can be flash points for the Government and a contractor. In some cases, the Government will assert that the contract requires the contractor to perform certain work; the contractor, pointing to the same (or another) contractual provision, will argue that the contract does not require it.
These diverging positions can sometimes lead to contentious litigation.
Continue readingNo, the government isn’t trying to figure out how it can bundle home and auto coverage to save on its insurance premiums. Instead, “consolidation” in the federal government contract context refers to the action of collecting requirements being performed under discrete small business set-aside contracts into a single procurement.
Before an agency may consolidate contracts, it must consider the impacts the proposed consolidation will have on small business participation. Recently, however, GAO was asked to determine whether consolidation analyses are required for Blanket Purchase Order (“BPA”) procurements, and its decision did not adopt the SBA’s position.
Continue reading Can you believe it’s already August? Pretty soon, kids will be heading back to school . . . and agencies will begin their fiscal year-end buying spree. In the meantime, we hope you’re enjoying some summer serenity.
Let’s ease into the weekend with the SmallGovCon Week In Review.
In this week’s edition, we’ll explore the government’s growing contracting spend, the government’s planned move away from SAM.gov, an IT procurement fraud ring, and more.
Continue readingAs seasoned government contractors know, an impropriety in a solicitation’s terms must be protested before the deadline to submit an offer. If the protest is submitted after the solicitation’s response deadline, the protest will be dismissed as untimely.
GAO recently held that this rule holds true when an agency converts a sealed bid (under FAR part 14) to a negotiated procurement (under FAR part 15).
Continue reading