Unless a solicitation for a fixed-price contract provides that the agency can conduct a price realism analysis, it can’t. Even so, agencies sometimes perform this analysis without alerting prospective offerors of the possibility.
If they do, however, the ground is fertile for a protest.
Continue readingThe FAR Council’s proposed update to the limitations on subcontracting, and the DoD’s subsequent FAR deviation, have been met with widespread approval by small contractors.
But for HUBZone Program participants, the proposed rule and DoD deviation contain a glaring problem: a requirement that the HUBZone member of a joint venture take sole responsibility for meeting the applicable limitations on subcontracting. This requirement, which doesn’t apply to joint venturers in other socioeconomic programs, is unfair to HUBZones, and at odds with SBA regulations.
Continue readingMonday, the U.S. Supreme Court decided to hear a case that could have far reaching implications in agency law—including for government contractors. The Court granted certiorari to a case that could greatly diminish the amount of deference given to agencies interpreting their own regulations.
For contractors, a Supreme Court decision to curtail agency deference could lead to increased success rates in bid protests and other disputes.
Continue readingEarlier this week, the FAR Council issued a proposed rule to conform the FAR to the SBA’s regulation governing limitations on subcontracting. But the DoD isn’t waiting around while the FAR Council finishes the process.
The DoD has issued a comprehensive FAR deviation, effective immediately. The DoD’s FAR deviation will, effectively, temporarily conform the DoD’s use of the FAR to the SBA’s regulation while the FAR Council works on a final rule.
Happy Friday, everyone! I don’t know about you but, as Thanksgiving inches closer, I can practically smell the turkey and stuffing. I hope you’re gearing up for a nice, holiday-shortened week.
Before the holiday, let’s take a look at the SmallGovCon Week In Review. In this week’s edition, we’ll discuss GSA intent to consolidate cybersecurity contract vehicles; a potential spending bonanza by the National Geospatial-Intelligence Agency; results from DoD’s first-ever audit (spoiler, it failed); and more.
Have a great weekend!
This week, Lawrence got its first taste of cold and snow for the season. I have to say, it was not a welcomed arrival. Hopefully it’s warmer in your neck of the woods.
Let’s all warm our hearts with this week’s edition of SmallGovCon Week In Review. In today’s WIR, we’ll look at a joint VA/SBA partnership to benefit SDVOSBs, DoD’s effort to use its expanded “middle tier” contracting vehicles, and more government contractors behaving badly.
Have a great weekend!
I was unexpectedly out of the office Friday afternoon, so I didn’t get a chance to post our weekly look at the latest and greatest in government contracting. But better late than never! It’s time for a slightly-delayed version.
In last week’s edition of SmallGovCon Week In Review, we have articles about House representatives requesting investigation of the JEDI contract, a report that suggests the 8(a) program is full of ineligible participants, GSA creates new a Solicitation Review Tool to better ensure contract compliance, and much more.
Happy Monday!