One of the perks of being certified in any of the SBA’s small business socioeconomic contracting programs is the fact that there is potential for a sole source award. What is a sole source award? Well, it’s a non-competitive award used when there is no expectation that two or more offerors will submit proposals, or using a dollar cap in the 8(a) program. (In this post we’re not talking about other exceptions to competition, such as only one responsible source). We most frequently see them used for contracts made to participants in the 8(a) Small Business Development Program, but the other programs (WOSB, SDVOSB, and HUBZone) have the ability to make sole source awards as well. So, let’s take a look and see what the FAR and SBA rules have to say about sole source awards in each of these programs.
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Back to Basics: Agency Contracting Authority
So much of federal contracting discussion is focused on the pursuit of contracts (set-aside certifications, size status, solicitation terms, bid protests etc.). But, what sometimes gets lost in all of that is what happens after. The performance of a contract is where the rubber meets the road in federal contracting, but that doesn’t mean agencies are without limits on what they can do during performance.
Continue readingBack to Basics: SBA’s Certificate of Competency
If a contracting officer determines that a small business offeror is not qualified to perform under a given solicitation, that typically means the offeror’s proposal will be rejected. But when the rejection deals with responsibility, the offeror may get a second bite at the apple through the SBA’s Certificate of Competency (“COC”) program. Whether this is news to you, or something you simply wish to understand a bit better, let’s take a look at the basics of the SBA’s COC Program, rules, and procedures.
Continue readingBack to Basics: Similarly Situated Entities
If you are a small business government contractor who ever utilizes subcontractors to complete federal set-aside contracts, knowing what a “similarly situated entity” is for a given contract is vital to your success. So, let’s take it back to the basics of “similarly situated entities.”
Continue readingBack to Basics: Status Protests
In the world of Federal Government Contracting, it often feels like there are 20 different ways that your business or your business’s awards can be protested. In addition to size protests and bid protests (at both GAO and the COFC), there is also what is commonly referred to as a “status protest.” A status protest, while certainly less common than size protests and bid protests, still presents its own unique factors, procedures, and corresponding risks that contractors should be aware of. In this next installment of our Back to Basics series, we will walk you through a status protest and what impact a status protest may have on a federal contractor’s business.
Continue readingBack to Basics: Calculating Small Business Size
Most contractors, when starting their journey into the world of federal contracting eventually run into the same question: What size is my business? In the world of federal contracting, the size of your business can determine whether you can bid on certain procurements, participate in certain programs, and more. Miscalculating or misrepresenting your business size could open you up to size protests, and other severe repercussions. So, knowing the accurate size of your business could be critical to the success or failure of your federal contacting business. But don’t fear, in this edition of our Back to Basics series, we will discuss some of the basics around calculating the size of your business and why it all matters.
Continue readingBack to Basics: GAO’s Protest Timeliness Rules
Here in Kansas, it is certainly starting to feel like thunderstorm season–and one of my favorite seasons, I might add. But over in D.C., some may say it is starting to feel like protest season! That said, anyone familiar with the protest process at D.C.’s Government Accountability Office (GAO) is probably also quite familiar with the strict timeliness rules GAO applies to such protests. And frankly, even for the seasoned GAO protesters, a refresher on the timeliness rules can be quite beneficial–especially given the answer to when a certain type of protest is due is not always an easy calculation. So, let’s take it back to the basics and run through some of those rules here.
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