SmallGovCon Week in Review: Jan. 25 – Jan. 29, 2021

Hope our SmallGovCon readers had a great week! I want to give a shout out to the fine people at PubK, who did a great job hosting the Government Contracts Annual Review! It was a well-run and informative event.

This week saw some intriguing breaking news, such as an SBA summary of one year 8(a) Program extension, FedRAMP application to CMMC, and a push to negotiate prices at task order level.

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Agency’s Decision to Cancel FAR Part 8 Solicitations and Move the Work to Existing Multiple Award Contract Was Flawed, Says COFC

We already blogged on the COFC’s landmark Rule of Two decision in Tolliver Grp., Inc. v. United States. But the court’s two-part holding (in favor of the plaintiffs on both counts) was just too impactful for a single blog. Not only did the court fault the agency for failing to do a Rule of Two analysis before using an IDIQ, it also said that the agency failed to justify the decision to cancel the solicitations and switch contract vehicles under the Administrative Procedure Act (APA) standard of review, which the court called a “highly deferential”–but not “toothless”–review.

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Event: Still a Game Changer: The SBA’s All Small Mentor-Protégé Program (2021 Update)

SBA’s All Small Mentor-Protégé Program isn’t a baby anymore—in fact, it isn’t even a toddler! But it remains a “game-changer” for large and small contractors alike. Now, it is effectively absorbing its 8(a) Mentor Protégé Program counterpart.

On February 11, please join me and Steven Koprince in an online session hosted by Govology where we cover the details of the recent mentor protégé program consolidation, along with all the other big changes to the program we’ve seen this last year.

Please click here for the registration information. Hope to see you there!

Limitations on Subcontracting: Compliance Presumed Unless Proposal Clearly Shows Otherwise

America’s criminal justice system is founded on the principle that a defendant is innocent until proven guilty. And when it comes to compliance with the limitations on subcontracting, a similar principle applies.

In a recent bid protest decision, the GAO confirmed that a small business’s proposal does not need to affirmatively demonstrate compliance with the “LoS.” Instead, compliance is presumed, unless the proposal “on its face” should lead the procuring agency to conclude that the small business will not comply.

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Event: How Will the New Legislative Changes Affect Your Small Business

The rules for small businesses, 8(a)s, SDVOSBs/VOSBs, WOSBs/EDWOSBs and HUBZones have changed a lot in recent months, and more changes are on the horizon in 2021! On February 4, please join me and and Steven Koprince as we cover these important changes, in an online session hosted by The Catalyst Center for Business & Entrepreneurship. Please click here for the registration information. Hope to see you there!

Five Things to Look for in Executive Order Strengthening Buy American Act

As we have blogged about previously, the Buy American Act has a number of exceptions and waivers. The United States spends hundreds of billions of dollars each year in contracting alone. The Buy American Act is intended to keep federal dollars in the hands of American companies and manufacturers. The president’s new executive order on these issues, proposes making some significant changes to not only the rule, but to oversight.

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SmallGovCon Week in Review: Jan. 18 – Jan. 22, 2021

This has been an important week for the federal government, and by extension, federal contractors. We’ve celebrated both the Martin Luther King Jr. holiday as well as Inauguration Day. The incoming Biden administration is sure to change up some of the policies affecting federal contractors, in ways both big and small.

The articles from this week have some predictions about how the new administration will affect federal contracting, and we’ll provide summaries of the biggest changes here on the blog. So stay tuned! This week also saw stories about fraudulent contractors and measuring procurement administrative lead time.

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