In Part I of this two-part blog, we covered an SBA proposed rule that would require agencies to apply the Rule of Two to most standard multiple award contracts (MACs) and task and delivery orders thereunder. In that blog, we covered the Rule of Two generally and the basics of SBA’s proposed changes to it. Well, as promised, this Part II blog is going to dig in a bit deeper to this proposed rule, its driving policies, and its potential impacts. But a whole lot has changed in the federal government contracting landscape (even since Part I of this blog). So, I will also address the elephant in the room (as best I can) by providing information regarding the big questions, “will the proposed rule stand a chance–and will there even still be a Rule of Two–under the new administration?“
Continue reading…A Look at the Duty of Good Faith and Fair Dealing (Part II)
Recently, we looked at part of a Court of Federal Claims (COFC) decision regarding the duty of good faith and fair dealing. In that post, we observed how, unsurprisingly, the government’s insistence that a contractor carry out the express terms of a contract is not strong ground for a claim of breach of the duty of good faith and fair dealing. In this post, we’re going to continue our review of this case (with regards to the duty of good faith and fair dealing) and give more general thoughts on this duty. We’ll finish up with a third post that addresses the biggest issue in this case.
Continue reading…Playing by the Rules: GAO Reminds Agency to Follow Criteria in Evaluating Past Performance
In federal contracting, often times the agencies are given a good amount of leeway in their evaluations and award decisions, so long as the agency followed the solicitation terms. In a recent GAO decision, an agency was reminded by the GAO that it must follow exactly what it wrote in its solicitation when making its award decision. Specifically, past performance criteria must be followed by the agency in evaluation past performance examples.
Continue reading…SmallGovCon Week in Review: March 31- April 4, 2025
Happy April! We are having our typical Midwest spring weather here, where one day it is warm and sunny and the next day it is cold and rainy. We have to keep every type of jacket at the ready because one never knows what to expect. We hope you have had a great week and are looking forward to the weekend.
This week in federal government contracting included stories dealing with the remaking of the federal workforce, increased workload for federal judges, and a more prominent role for GSA.
Continue reading…Money Talks: CEO’s IRA Withdrawal Results in 8(a) Program Denial
Whether you know from firsthand experience or have read our blogs on the topic, it’s no secret that a company applying for one of SBA’s socioeconomic programs will be examined extremely closely by SBA during the application process. Sometimes even more so in the 8(a) Program. This can include sifting through the language in a company’s operating agreement (as in this case we blogged on here), down to the meeting minutes. It can sometimes be overlooked that this close review also includes a look at the personal finances of the qualifying individual, at least for 8(a) and EDWOSB programs.
Continue reading…Executive Order: Consolidation of Procurement
The Trump administration has issued an executive order entitled Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement. This order, or Consolidation EO, has some guidelines for how procurement will be reorganized under the Trump administration, so it’s useful to go through some of the key language. One item in particular is a keen focus on category management by using GSA for various types of procurement. While it’s been a driving force of procurement reform over the years, this order puts category management into even sharper focus.
Continue reading…SmallGovCon Week in Review: March 24-28, 2025
Hello! It’s Friday and time for another week in review. This time of year brings both the ripping up of March Madness brackets and the opening day of baseball–hope springs eternal! And for non-sports ball folks, we hope that spring is bringing all of our readers both renewed energy and productivity.
This week saw a number of interesting stories, including proposed consolidating of procurement with GSA and changes to GSA schedules, along with updates on termination of some contracts.
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