With less than 24 hours left until proposals were due, NIH released Amendment 9, staying the proposal deadline until August 20, 2021 at Noon Eastern. Amendment 9 says it changes very little, but the innocuous cover letter belies a major change to evaluations for Other Than Small and Emerging Large Businesses (OTSBs and ELBs).
Continue reading…CBCA Cannot Waive Its Own Filing Deadlines
4 C.F.R. 21.2(b) states that, for GAO protests, GAO has the option to dismiss or not dismiss a protest that is filed late if there is good cause or it is an important issue. In other words, if there’s a good reason, GAO can accept an untimely protest. (Please note that this is not suggesting the filing deadline does not matter, GAO treats it very strictly most of the time and you should treat it as a “drop-dead” deadline).
For this reason, some think this same discretion applies in other protests and appeals regarding government contracts. For the Civilian Board of Contract Appeals (CBCA), it very much does not.
Continue reading…SmallGovCon Week in Review: July 26-30, 2021
Happy Friday, Readers. We have been in the midst of a heatwave here in Kansas with temperatures at 100 degrees and the humidity at 91%. Whew! We are very grateful for air conditioning during the dog days of summer. Here’s an interesting fact. The ancient Romans called the hottest, most humid days of summer “diēs caniculārēs” or “dog days.” The name came about because they associated the hottest days of summer with the star Sirius. Sirius was known as the “Dog Star” because it was the brightest star in the constellation Canis Major (Large Dog).
There was a lot of news and announcements in Federal government contracting this week such as several executive orders and proposed rules impacting federal government contractors related to the Buy American Act and boosting federal competition, and the U.S. Small Business Administration has an update on successfully awarding over $7.5 billion in Shuttered Venue Operators Grants (SVOGs) as well as announcing the opening of the paycheck protection program direct forgiveness portal.
Here’s hoping that the weather is cooler in your neck of the woods. Stay cool and have a great weekend!
Continue reading…Event: Top 21 Legal Mistakes in Federal Government Contracting
The federal government contracting rulebook is notoriously complex and confusing–but not all confusion is created equally. As attorneys serving federal contractors (many of them small businesses), my colleagues and I often see contractors making the same common legal mistakes or holding the same common legal misconceptions.
On August 12, please join me and Nicole Pottroff as we cover our top 21 legal mistakes in federal government contracting–with an emphasis on small business issues–and explain how to avoid them. This webinar is hosted by our friends at Govology and it is easy to register: just click here. See you on August 12!
GAO: Agency Has Discretion on Type of Socioeconomic Set-Aside for Procurement
From a recent GAO decision it appears that the ends can, in fact, justify the means; at least when it comes procurement set-asides for HUBZone companies. The decision is Foxhole Technology, Inc. B-419577 (May 12, 2021). In this matter, Foxhole Technology, Inc., a service-disabled veteran-owned small business, protested the Department of Education’s decision to set aside an RFQ to supply cybersecurity services for HUBZone businesses. In its protest, Foxhole argued that the agency’s decision to set aside the procurement for HUBZone small business concerns was based on inadequate market research and was therefore not justified. GAO denied the protest.
Continue reading…Is the Revision to the FAR’s Limitations on Subcontracting Finally Nearing the Finish Line?
On June 30, 2016, a major new SBA regulation took effect, overhauling the limitations on subcontracting. The SBA’s new regulation, codified at 13 C.F.R. 125.6, replaced the “old” formulas for calculating compliance–like “cost of the contract incurred for personnel,” for service contracts, with new, easier-to-use formulas based on the amount paid by the government. And, in a major boon for small businesses, the SBA’s new regulation allowed small primes to count work performed by “similarly situated entities” toward the prime’s own self-performance.
But more than five years after the SBA regulation took effect, the FAR’s provisions governing the limitations on subcontracting still resemble Marty McFly: stuck in the past. The FAR Council still has not updated the FAR to conform with the SBA’s regulations and the underlying Congressional mandate, causing considerable confusion for contractors trying to figure out which rule to follow.
Now, though, we may finally (hopefully!) be nearing the finish line for this important and long-delayed FAR change.
Continue reading…Five Things You Should Know: SBA 8(a) Program Potential for Success
SBA requires that its 8(a) Business Development Program applicants demonstrate “reasonable prospects for success in competing in the private sector if admitted to the 8(a) BD program” by meeting a number of criteria. This aptly named potential for success rule is easily one of the most common reasons for 8(a) Program application denials. But even still, it seems to be one of the least understood 8(a) application requirements out there. Below, I dig into some of the most important features of this rule with the top five things you should know.
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