The United States Court of Federal Claims (COFC) has ruled that an agency has to conduct a small business Rule of Two analysis before it can use an existing multiple-award indefinite delivery indefinite quantity (MAIDIQ) contract vehicle to procure services. This is a landmark decision, given that GSA Schedule contracts are exempt from the Rule of Two.
Continue reading…SmallGovCon Week in Review: Jan. 11 – Jan. 15, 2021
Happy Friday to our SmallGovCon readers! This weekend, I’ll be watching my hometown Chiefs as they begin their journey towards repeating as Super Bowl Champions. Hope you all have have a nice weekend.
But before the weekend, be sure to check out some important federal contracting updates. This week saw a number of key updates for government contractors, including a commentary on GSA bid protest success, a number of GSA acquisitions, and a GSA supply chain security measure.
Continue reading…2020 Rewind: The Year’s Biggest Government Contracting News Affecting Small Businesses
Let’s face it: most people won’t look back on 2020 with anything remotely approaching nostalgia. Here at Koprince Law LLC, we are eager to turn the page and move on with 2021, too.
But small businesses shouldn’t forget 2020 completely. The year brought many important developments, including major changes to some key government contracting rules that our readers should remember. So here, in a nutshell, are the most important 2020 government contracting changes and legal developments for small businesses.
Continue reading…Update: SBA Issues 8(a) Program Term Extension Rule
SBA has issued its rule allowing for an extension of 8(a) program terms by one year, as directed by Congress. The rule will be effective immediately on January 13 (barring some publication delay). Read on for the key terms from the new rule.
Continue reading…No Ostensible Subcontractor Rule for Manufactured Product Procurements, SBA OHA Confirms
The SBA’s ostensible subcontractor rule can be a minefield for small prime contractors, who must be careful to avoid risk factors for affiliation with their large subcontractors.
But not every small prime need worry about ostensible subcontractor affiliation. As a recent SBA Office of Hearings and Appeals decision confirms, the ostensible subcontractor rule does not apply to procurements for manufactured products.
Continue reading…SmallGovCon Week in Review: Dec. 28, 2020 – Jan. 8, 2021
I was going to wish a Happy New Year to our readers, and I still hope people are having a nice start to the New Year. But the recent violence in the Capital has cast a pall over the start to this year. As citizens of this fine country and people striving to improve federal government services, I think we can agree it was an event that should never be repeated.
But, as federal contractors know, the government continues to function and we bring you these recent federal contracting updates, including reports on spending in the last fiscal year, relief funds going to contractors, and an expansion of Women’s Business Centers.
Continue reading…Reverse Auctions: Proposed Rule Poised to Strengthen Regulatory Framework
The DoD, NASA, and GSA have proposed new rules aimed at providing transparency for reverse auctions after GAO reports in 2013 and 2018 signaled the need for guidance on reverse auctions to achieve cost savings and reduce fees.
As context, the FAR was amended in 1997 to allow for the use of reverse auctions. Six agencies conducted approximately 15,000 reverse auctions in 2016 alone. Reverse auctions, despite their wide use, are not without controversy. Application of fees, and inability to verify actual cost savings plague the use of reverse auctions.
Private companies have developed software and services which companies use to, hopefully, increase their chances in reverse auctions.
As a result, a new proposed rule is open for comments here.
Continue reading…