Author Archives: SmallGovConContributor

GAO Rules on GSA Schedule Contracts: Size Usually Stays, 8(a) Status Doesn’t

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Does 8(a) status remain in place for the duration of GSA Schedule contracts? GAO says no.

In MIRACORP, Inc., B-416917 (Comp. Gen. Jan. 2, 2019), the incumbent contractor for administrative support services sought by the Department of Energy, protested the Department’s evaluation and award of a delivery order to RiVidium, Inc., an 8(a) small business. GAO dismissed the protest, saying that the protester–which had graduated from the 8(a) program–lacked standing because it wasn’t eligible for the 8(a) set-aside order.

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Don’t File an Appeal with CBCA Before Filing a Claim with the Contracting Officer

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Let’s suppose that, under your contract, an agency hasn’t properly paid for your work. Or the agency took actions that caused you damages. Can you run off to the Civilian Board of Contract Appeals to register your complaint and recovery your money?

Yes . . . if you’ve taken an important preliminary step: filing a claim with the contracting officer.

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SmallGovCon Week In Review January 7- January 11, 2019

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As we enter day 21 of the government shutdown (as of this writing, the second-longest in U.S. history), federal employees and contractors are feeling the sting.

In this week’s edition of the Week In Review, we’ll take a look at the shutdown in more detail. It has, after all, been the predominant news story of late in the government contracting world. But we’ll also discuss other news, including a new law aimed at helping veteran-owned companies, recent OTA guidance, and more.

Have a great weekend!

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Unpopulated Joint Venture Can Be “Manufacturer” For SBA Size Purposes

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When a small business sells products to the government under a contract designated with a manufacturing NAICS code, the small business either must be the “manufacturer” of the products, or separately qualify under the nonmanufacturer rule. The nonmanufacturer rule, in turn, requires the prime contractor to have no more than 500 employees, whereas manufacturers may fall under larger size standards–some as big as 1,500 employees.

But what about an unpopulated joint venture that doesn’t itself manufacture any products, relying on the individual venturers to manufacture the solicited goods? Does it also have to comply with the 500-employee size standard under the nonmanufacturer rule? Or can the joint venture be deemed the “manufacturer” of the products in question?

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Agency May Request SDVOSB Recertification on MATOC Orders, Says GAO

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In a recent decision, GAO determined an agency could reasonably amend a solicitation for a task order issued under a set-side base contract to require offerors to recertify their size and SDVOSB status at the task order level.

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