CIO-SP4 proposals are now due August 3, 2021. Currently, seven bid protests have been filed with GAO. These amendments are now coming fast and furious. Amendment 6 went live on July 9, 2021, and 10 days later we have another new amendment. Below are some of the key changes in Amendment 7.
Continue readingCategory Archives: Federal Government Contracting
The CIO-SP4 RFP Allows Broad Past Performance Information–But Does It Go Too Far?
One of my major concerns with the draft solicitation for the CIO-SP4 GWAC was the limited nature of the past performance NITAAC intended to consider. Under the draft RFP, NITAAC would not have considered the past performance of subcontractors–something I believed violated 13 C.F.R. 125.2(g) in certain cases, and was contrary to the guidance of FAR 15.305(a)(2)(iii), which says that agencies “should” consider the past performance of “subcontractors that will perform major or critical aspects of the requirement.”
The good news is that the final CIO-SP4 RFP fixes this problem. That’s a relief for a lot of potential offerors. But now I’m concerned that NITAAC went too far in the other direction!
Continue reading$15 Minimum Wage Coming to Federal Contracting in 2022
Beginning January 30, 2022, all prime contractors and subcontractors doing work on a government contract will be required to pay workers at least $15 per hour, based on a recent executive order.
The executive order does not stop there, beginning in 2023 the wage will go up annually. When can we expect formal guidance to come out, and what other items are found in the text?
Continue readingNAICS Code Challenges Must Show why the Code Chosen is Incorrect, OHA Says
We’ve all seen cases of agencies assigning NAICS codes to solicitations that just seem…off. But, unless a contractor can show that the code chosen was clearly erroneous, government contractors will simply have to make do with what they’ve been given. The OHA recently handed down a decision confirming this.
Continue readingCOFC Examines Small Business Size Recertification After Merger or Sale
A recent Court of Federal Claims decision examined the impact on the award to a small business when that small business is acquired, after proposal submission but before award, by a large business. In doing so, the court looked very closely at the FAR clauses incorporated into the solicitation by reference, versus those that are incorporated in full text.
Continue readingSBA OHA: Ownership and Control are Not the Same in the WOSB Program
A company learned the hard way that just because their business is majority owned by a woman, it doesn’t mean they are a Women-Owned Small Business (WOSB) in the eyes of the SBA. The question is one of both ownership and control.
Continue readingFive Things You Should Know: Responding to Size Protests
There are many things to know about responding to size protests. One could probably fill a book with the information-(actually I did, for those who want a real deep dive!). But if you need to know just the basics, here are five things you should know about size protests that can help you be prepared if your company is facing a size protest.
Continue reading