Subcontractors And Past Performance: What Are The Risks?

Inexperienced small government contractors sometimes rely primarily (or completely) on larger subcontractors to boost their past performance scores.  Although this practice sometimes results in better past performance scores, there are two risks small government contractors should be aware of when it comes to relying on a subcontractor’s past performance: poor evaluations and ostensible subcontractor affiliation.

A recent GAO bid protest decision, coupled with a decision of the SBA Office of Hearings and Appeals, demonstrates how each risk may affect a small government contractor.

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GovCon Compliance And More: Catch Me Monday On “Amtower Off Center”

If you are interested in hot-button compliance issues facing small government contractors, tune in to Federal News Radio Monday, July 9 at noon Eastern when I join government contracts guru Mark Amtower on his popular radio show, “Amtower Off Center.”   We will talk about affiliation, ethics plans, employment issues, and other compliance matters from my book, The Small-Business Guide to Government Contracts, as well as the SBA’s 2011 Small Business Procurement Scorecard.

Not in the DC area?  Not to worry.  You can catch my appearance–and all of Mark’s recent shows–on the Federal News Radio website.

DOD, VA, DHS Moving In The Wrong Direction: A Closer Look At The 2011 SBA Small Business Scorecard

The Department of Defense, Department of Veterans Affairs, and Department of Homeland Security, among other federal procuring agencies, awarded smaller percentages of contracts to small businesses in 2011 than in the previous year, according to the 2011 SBA Small Business Procurement Scorecard.

Fewer small business awards by major procuring agencies was an important contributing factor to the government’s overall drop in small business contracting, off more than $6 billion from last year.  Although most of the news was grim, a handful of agencies continue to demonstrate a strong commitment to small business, while others improved their results from 2010–though still have a ways to go.

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Small Business Procurement Goals: Catch Me On Federal News Radio Today

Even with the Fourth of July holiday almost here, the fine folks at Federal News Radio are still working hard to bring you the latest in federal news and commentary.  I will be on the air today with Federal News Radio’s Jason Miller discussing the SBA’s 2011 Small Business Procurement Scorecard.  If you are in the metro Washington, DC area, you can catch the interview by tuning in to 1500 AM around 5:15 this afternoon.

SBA Releases 2011 Small Business Procurement Scorecard–And The News Ain’t Good

The SBA has released its 2011 Small Business Procurement Scorecard, and the news ain’t good.  The scorecard indicates that government-wide, just 21.65% of prime contract dollars went to small businesses.  The result falls well short of the government-wide 23% goal, and also represents a significant backslide from last year, in which small businesses were awarded 22.66% of contract dollars.

The SBA gives the government a “B” for its overall efforts, but I come from a family of educators, and know that a “B” is not deserved if a student is not making adequate progress.  With government-wide small business prime contract spending dipping by more than a full percentage point in the last year, the government is in for some well-deserved criticism.

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Proposal Ambiguity Torpedoes Contractor’s Bid

Sometimes, unintentional ambiguities can lead to a few laughs.  One website, for instance, reports funny ambiguous newspaper headlines, such as “Kids Make Nutritious Snacks” and “Juvenile Court to Try Shooting Defendant.”

When it comes to bids and proposals, however, ambiguities are no laughing matter.  As one contractor discovered in a recent GAO bid protest decision, a procuring agency may reject a contractor’s bid if it contains an ambiguity regarding a material solicitation requirement.

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SBA OHA: On SBA Size Rules, We’re The Boss

“You’re not the boss of me now” is the chorus of “Boss of Me,” a catchy tune by They Might Be Giants.  But when it comes to the SBA size and affiliation rules, there is a boss: the SBA Office of Hearings and Appeals.

Under the SBA size regulations, SBA OHA has the final authority to determine whether a company is small or “other than small” for purposes of a particular procurement.  And,as one recent SBA OHA decision demonstrates, if a lower SBA office neglects to follow SBA OHA’s orders, SBA OHA will make sure that the lower office remembers who is the boss.

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