Author Archives: SmallGovConContributor

Size Protest Was Untimely Because CO Did Not Require Size Recertification

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Let’s suppose that you, a small business, were previously awarded a long-term contract set aside for small businesses. But over the past few years, business has been good and you’ve outgrown the size standard assigned to the contract. Can you still be awarded a task order under the contract? Yes–if the contracting officer doesn’t require you to recertify your size in connection with the task order request, and no contract-specific terms–like mandatory off-ramps–say otherwise.

This important principle recently played out in DNT Solutions, LLC et al., SBA No. SIZ-5962 (2018).

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Alert! House Committee Proposes Ending SDVOSB Self-Certification

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SmallGovCon readers know that the federal government currently operates two SDVOSB socio-economic designations: a VA-specific program (that requires the business to be verified by the VA’s Center for Verification and Evaluation), and a program through the SBA (that allows the business to self-certify).

These dual programs have been the source of confusion among SDVOSBs. Thankfully, relief might be on the way, as the House Small Business Committee has introduced legislation to consolidate SDVOSB verification under the SBA.

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SBA OHA: Contracting Officer’s Termination Decision Won’t Change Size Appeal Deadline

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Following a size determination, any person adversely affected by that determination may file an appeal with the SBA’s Office of Hearings and Appeals. To be timely, the appeal has to be filed within 15 calendar days from the date the person receives the determination. If not timely-filed, the appeal will be dismissed.

This 15-day deadline is strict. The OHA doesn’t have the power to extend it, even if good reason exists to do so. In fact, the OHA’s recent decision in Sentient Digital, Inc. dba Entrust Government Solutions, SBA No. SIZ-5963 (2018) makes clear that this deadline applies even when an agency changes its decision to terminate a contract following an adverse size determination.

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I Fought the Law, and the Law Won? Standing Issues Prevent Claim of Agency’s Rulebreaking

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As we discussed in July 2017, Timberline Helicopters, Inc. has been involved in ongoing litigation regarding the Department of the Interior, Bureau of Land Management’s (a.k.a. “BLM”) procurement of helicopter flight services to aid in fire-fighting and fire-suppression missions, services essential now more than ever.

Most recently, in Timberline Helicopters, Inc. v. United States, No. 18-1474C (Fed. Cl. Nov. 14, 2018), the Court of Federal Claims held that Timberline no longer had standing to bring its claims.

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SmallGovCon Week in Review: November 12-16, 2018

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Happy Friday, everyone! I don’t know about you but, as Thanksgiving inches closer, I can practically smell the turkey and stuffing. I hope you’re gearing up for a nice, holiday-shortened week.

Before the holiday, let’s take a look at the SmallGovCon Week In Review. In this week’s edition, we’ll discuss GSA intent to consolidate cybersecurity contract vehicles; a potential spending bonanza by the National Geospatial-Intelligence Agency; results from DoD’s first-ever audit (spoiler, it failed); and more.

Have a great weekend!

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GAO: DOD Should Clarify Criteria for Using LPTA

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Over the last few years, SmallGovCon has covered the Congressionally-mandated march away from use of lowest-price technically-acceptable procurements at the Department of Defense. But although Congress has restricted when DOD might use LPTA criteria, the Department has not followed this mandate.

A recent GAO report highlights DOD’s struggle. As of September 2018, DOD has not yet revised its regulations to reflect certain statutory restrictions against LPTA awards and, as a result, DOD contracting officers believe they are not yet required to follow these new requirements.

Candidly, I’m not so sure. But in any event, GAO’s report issued a couple of recommendations to help DOD fully implement the restrictions against LPTA procurements.

Let’s take a look.

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SmallGovCon Week in Review: November 5-9, 2018

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This week, Lawrence got its first taste of cold and snow for the season. I have to say, it was not a welcomed arrival. Hopefully it’s warmer in your neck of the woods.

Let’s all warm our hearts with this week’s edition of SmallGovCon Week In Review. In today’s WIR, we’ll look at a joint VA/SBA partnership to benefit SDVOSBs, DoD’s effort to use its expanded “middle tier” contracting vehicles, and more government contractors behaving badly.

Have a great weekend!

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