OHA: Engine Repair Isn’t the Same as Engine Overhaul for NAICS Code Purposes

Contracting officers are given significant discretion in choosing NAICS codes for procurements. But, as decision makers, they aren’t infallible. As a recent OHA case shows, using the NAICS Manual can help small business contractors challenge an incorrect NAICS code.

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DOD Needs To Improve Space Acquisition Employee Tracking, says GAO

This year marks the 50th anniversary of the Moon Landing; a feat accomplished through a massive federal government contract program. A half century later, the federal government continues to pour significant resources into space infrastructure, particularly through the Department of Defense.

A recent GAO report provided a glimpse into the size and composition of the Department of Defense space contracting workforce. While GAO notes more precise data is needed, it is clear that space acquisitions continue to be supported by a robust workforce.

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Pre-Solicitation Notices not Grounds for Protests, GAO says

Like my alarm clock ringing on Monday mornings, GAO recently reminded protestors that protests based on pre-solicitation notices are just too early.

In F-Star Zaragosa Port, LLC; F-Star Socorro Holding, LLC, B-417414, et al. (Comp. Gen. Apr. 15, 2019), GAO dismissed protests based on pre-solicitation notices as premature.   

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SmallGovCon Week In Review April 22 – April 26, 2019

Happy Friday, everyone! I’m back in the office after presenting at a HUBZone workshop sponsored by the Oklahoma Bid Assistance Network (Oklahoma’s PTAC). It was a great day, discussing HUBZone eligibility, compliance, and updates. For great events in your area, be sure to connect with your local PTAC!

Before we all head out for the weekend, let’s review the week in government contracting. In this edition of the Week In Review, we’ll look at efforts to speed up small business payments, the role of automation in government contracting, and more contractors behaving badly . . . .

Have a great weekend!

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DoD Proposes Aligning DFARS 8(a) Nonmanufacturer Rule with Existing SBA Regulations

The DoD recently issued proposed revisions to the DFARS 8(a) nonmanufacturer rule, found in 48 C.F.R. § 252.219-7010. The proposed revisions would update the admittedly “outdated text regarding the nonmanufacturer rule with updated text” that reflects SBA’s May 2016 final rule implementing the Fiscal Year 2013 National Defense Authorization Act.

While the changes are only for 8(a) concerns, the differences between the existing DFARS and proposed change are significant nonetheless.

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GAO Won’t Resolve Alleged Corporate Espionage Dispute

In a recent GAO bid protest, IBM Corp. accused a subcontractor of giving its proposal to a competitor.

GAO dismissed the accusation, explaining that at its core, alleged corporate espionage is a disagreement between two parties, not a contractor and the federal government and therefore not an appropriate matter for resolution in a bid protest.

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SmallGovCon Week In Review April 8 – April 12, 2019

Happy Friday, everyone! It’s a beautiful day in Lawrence, as we seemed to have dodged the bullet with the massive mid-April winter storm that’s affected our friends up north. No matter where you’re located, we hope you’ve had a great week, too.

Before we head out for the weekend, it’s time for the Week In Review. In this week’s edition, we’ll take a look at the nominee to head the SBA, VA contracting goals, a new DoD rule to implement the nonmanufacturer rule to 8(a) contracts, and more.

Have a great weekend!

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