The CIO-SP4 is a big deal for many small and large federal contractors. And lately it’s been a bit of a moving target as to how NITAAC will evaluate the experience of companies working together in prime-sub, mentor-protégé, and joint-venture relationships. We wrote about some of the issues with past performance and other recent changes. One change that caught my eye puts a restriction on the number of experience examples a large business mentor can provide. But should it?
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SBA’s Paycheck Protection Program Now Closed
SBA’s Paycheck Protection Program (PPP) loans provided nearly $800 billion dollars of crucial financial support to over 8.5 million businesses and nonprofit organizations in the face of the COVID-19 pandemic. But as the proverb goes, “all good things must come to an end.” SBA closed the PPP doors to new loan guaranty applications at the end of May 2021 and released a closing statement on the program’s success.
Continue readingDoD Proposes DFARS Amendment to Enhance Debriefings
Receiving a notice that a competitor received an award can be a punch to the gut. This feeling is compounded when the requested debriefing is short on details. Offerors are normally left with more questions than answers.
The DoD has proposed to amend the DFARS to enhance debriefings in certain procurements. The correct amount of information in a debriefing is an ever-moving target; hopefully, this new proposed amendment will be a step in the right direction.
Continue readingDebriefing Exception to Protest Timeliness Rule Doesn’t Apply to SBIR Procurements, Period
Equitus Corporation was sure it was following the right procedures when it requested a debriefing after receiving a letter stating its proposal under an Air Force Small Business Innovation Research (SBIR) solicitation had been rejected. The Air Force even provided the debriefing as requested, and Equitus filed a protest less than 10 days later. However, they made an easy-to-miss but crucial error that resulted in dismissal of their protest.
Continue readingThe “Three-in-Two” SBA Joint Venture Rule is Partly Gone–Now It’s Time to Get Rid of the Rest
Last year, SBA made joint venturing a little easier by relaxing the so-called “three-in-two” rule. But the “two-year” portion of the rule still exists–and in my view, the rule continues to unfairly elevate form over substance.
SBA, it’s time to take the plunge, and get rid of the rest of the three-in-two joint venture rule.
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 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.
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