Author Archives: SmallGovConContributor

SmallGovCon Week In Review December 24, 2018–January 4, 2019

Posted on by

Happy New Year! It looks as if the government needed a longer holiday break than planned. As we enter the third week of the shutdown, it’s our hope that the powers-that-be might reach a quick resolution and let government personnel and contractors alike get back to work.

In this two-week New Year’s edition of the Week In Review, we’ll look (of course) at the effects of the shutdown. But we’ll also look at the need for transparency in the upcoming year’s procurement process, how a contract dispute led up to the closing of living history in Washington D.C., and much more.

Happy New Year—2019 is going to be an exciting year!

Continue reading →

Update: SBA Says 5-Year Receipts Calculation Period Not Yet Effective

Posted on by

On December 17, 2018, the Small Business Runway Extension Act became law. As we’ve previously written, this Act had a single purpose: to extend the measurement period of the SBA’s calculation of average annual receipts, from three years to five.

We opined that the Act became effective with the stroke of the President’s pen. Just a few days ago, however, the SBA disagreed—according to the SBA, the 5-year calculation period will not become effective until its regulations are revised.

Continue reading →

Realities of Cost Recovery in the Wake of the Federal Shutdown

Posted on by

Shuttering of the government (or parts of the government) following appropriations lapses has become an increasingly common phenomenon in recent years. Funding lapses interrupt the usual predictability of government operations, which is often to the detriment of both agencies and federal contractors that are left in proverbial limbo with stop work orders.

Unfortunately, unlike many other topics, the FAR does not substantively address procedures for contractors during or following a government shutdown. As such, recovering expenses incurred as a consequence of government shutdowns can be challenging.

Here are some pointers.

Continue reading →

Failure to Update Joint Venture Agreement Costs Mentor-Protégé SDVOSB JV a Contract

Posted on by

Updating your joint venture agreement is essential to maintaining compliance with SBA’s regulations and failing to update could cost you contracts.

In Stacqme, LLC, SBA No. SIZ-5976 (Dec. 10, 2018), the SBA Office of Hearings and Appeals held that a mentor-protege joint venture’s failure to update its JV agreement caused the agreement to be non-compliant with the SBA’s rules, and meant that the joint venture was ineligible for an SDVOSB set-aside contract.

Continue reading →

5 Things You Should Know: NAICS Code Appeals

Posted on by

NAICS code appeals are a useful tool in any small business government contractor’s toolbox. If successful, an appeal can dramatically change a procurement’s competitive landscape—either by limiting the pool of eligible offerors, or expanding it.

Even still, NAICS code appeals are underutilized among contractors. So I wanted to take just a few minutes to walk through the basics of NAICS codes appeals, in case your business ever needs to file one.

Here are 5 Things You Should Know about NAICS appeals:

Continue reading →

GAO Dismisses Protest Where Proposal was Unacceptable

Posted on by

In a protest before GAO, prejudice is an essential element. Even if GAO might agree that an agency’s action was improper, it will not sustain a protest where the protester would not have received the award anyway.

That’s what happened in the protest of Benaka Inc., B-416836 et al. (Dec. 16, 2018).

Continue reading →