Author Archives: SmallGovConContributor

SmallGovCon Week In Review (December 10-14, 2018)

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I wanted the pithy introduction to this week’s Week In Review to be a corny Christmas-themed joke. But there’s one problem: I don’t know any! (My dad jokes tend to come on the fly.) 

If you know any (clean) holiday jokes, send them our way. We’ll try to feature them in next week’s edition! 

But for this week’s edition, let’s focus on government contracting. We’ll look at the potential Christmas shutdown, GSA’s consolidation of schedule contracts, a VA-pilot program for facility construction, continuing non-compliance and oversight issues, GAO’s report on noncompetitive contracts, and more.

Have a great weekend!

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Bill Changes Size Determination Measurement Period from Three Years to Five

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With the stroke of a pen, Congress may have just paved the way for some soon-to-be large businesses to remain small for longer. 

Both the House of Representatives and the Senate have passed a bill that would amend the Small Business Act to change the period of measurement used to determine the size of a business from three years to five. The bill awaits the president’s signature to become law. 

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Handling a Protest with Kid Gloves: GAO Questions Army’s Domestic Leather Requirement

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In these cold winter months, gloves with touchscreen capabilities are all but essential. Recently, the Army sought to procure touchscreen-compatible combat gloves, but required that all goatskin leather used for the gloves be “100% Domestic” in accordance with the Berry Amendment.

In Mechanix Wear, Inc., B-416704 (Nov. 19, 2018), however, GAO sustained a protest against this requirement because the item being procured was subject to a Berry Amendment exception. 

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Supreme Court Could Limit Agency Power

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Monday, the U.S. Supreme Court decided to hear a case that could have far reaching implications in agency law—including for government contractors. The Court granted certiorari to a case that could greatly diminish the amount of deference given to agencies interpreting their own regulations. 

For contractors, a Supreme Court decision to curtail agency deference could lead to increased success rates in bid protests and other disputes.  

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SmallGovCon Week in Review: December 3-7, 2018

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The first week of December went by in a flash. Santa Claus will be here before you know it; hopefully you’ve all been very good this year!

In this week’s edition of the SmallGovCon Week In Review, data and cloud computing continue to be hot topics, GAO looks at post-disaster contractor performance, and we see the lengths the DEA is willing to go to have clean floors.

Have a great weekend!

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Don’t Rely on Auto-Generated EPDS Filing Emails, says GAO

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Earlier this year, GAO unveiled its new Electronic Protest Docketing System (“EPDS”) for bid protests. EPDS serves as the central filing system for all bid protests pursued before GAO. As a courtesy, EPDS will automatically generate a courtesy email notice anytime a new document is filed with GAO.

In a recent Request for Reconsideration, however, GAO was asked to reconsider its dismissal of a protest after the protester failed to receive the automatically-generated EPDS notice that the Agency Report had been filed. GAO held that the protester in question couldn’t rely on its failure to receive the email to avoid the ordinary timeliness rules applicable to GAO bid protests.

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