GAO: Agency Could Disclose Incumbent’s Staffing Numbers

In a solicitation seeking the award of a follow-on services contract, a procuring agency could validly disclose the number of incumbent personnel performing a particular function.

In a recent bid protest decision, the GAO held that this information was not proprietary or confidential to the incumbent, and that the incumbent was not competitively harmed by the release of the information.

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SmallGovCon Week In Review: April 11-15, 2016

With tax day looming (the IRS, in its infinite generosity, has granted taxpayers a reprieve until Monday), accountants and bookkeepers everywhere are preparing for a break.  But in the world of federal government contracting, there is never a pause.  And that’s why it’s time for our weekly look at government contracting news and notes.

In this week’s edition of SmallGovCon Week In Review we bring you two articles on just how much time is being saved with FASt Lane, a look into category management and if small contractors are being squeezed out, a closer examination of the shrinking 8(a) population and much more.

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GAO Proposes Major Overhaul Of Bid Protest Filing System

The GAO is proposing a major overhaul of its bid protest filing system.

In a Federal Register notice published today, the GAO proposes significant changes regarding how protests are filed (get ready for filing fees), the timeliness of bid protests, and much more.

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Small Business Wins Contract Despite “Unacceptable” Key Personnel Score

A small business received an “unacceptable” score for its key personnel, but nevertheless was awarded the contract after the matter was referred to the SBA under the Certificate of Competency procedures.

A recent decision by the U.S. Court of Federal Claims demonstrates the breadth and power of the so-called “COC” process, which can allow an otherwise “unacceptable” business to wind up in the winner’s circle.

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HUBZone Program: Court Decision Highlights “Fracture” Policy

The SBA will not aggregate a HUBZone applicant’s employees with the employees of the applicant’s affiliates for purposes of determining compliance with the “35% rule,” but only if the SBA determines that there is a “clear line of fracture” between the HUBZone applicant and its affiliates.

A recent decision by the U.S. Court of Federal Claims highlights an important SBA policy, which isn’t codified in the SBA’s regulations but can have a tremendous impact on HUBZone Program eligibility.

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8(a) Program Participation Down 34% Since 2010

Participation in the SBA’s 8(a) Program has declined from about 7,000 firms in 2010 to only around 4,500 today–a sharp drop of approximately 34% in only six years.

These startling numbers come from a recent SBA Office of Inspector General report, which focuses on whether the SBA properly documented the reasons for admitting certain 8(a) participants.  While that matter is interesting in its own right, the most revealing part of the SBA OIG report is the rapid decline in 8(a) Program participation, and the SBA’s plans to reverse it.

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SmallGovCon Week In Review: April 4 – 8, 2016

For me, the theme this week has been “rock stars.”  I began the week with my friends at APTAC–the rock stars of procurement counseling.  And last night, I enjoyed 3 1/2 hours of the rock stars of, well, rock stars, as Bruce Springsteen and the E Street Band played the Sprint Center in Kansas City.

Even as the refrain from “Badlands” keeps running through my head (not a bad thing!) I haven’t forgotten that it’s Friday–and that means it’s time for the SmallGovCon Week In Review.  In this week’s edition, Samantha Bee offers a pointed but humorous take on the pace of progress for WOSBs, a contractor is accused of SDVOSB fraud in a $23 million case, the SBA is proposing to consolidate the SBIR and STTR Policy Directives, and much more.

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