Not All Claims That Wander Into the ASBCA Will Be Heard

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Some times it’s easy to forget that the world of government contracting, including the many agencies which oversee its administration, exist within an overarching federal system of delegated powers, which comes to bear on the outcome of disputes.

The Armed Services Board of Contract Appeals receives its authority from sections of the Contract Disputes Act, and exists primarily as a neutral, independent forum to hear and decide post-award contract disputes between government contractors and certain government agencies, but its power to hear cases is limited. The Board recently issued a decision with a reminder that it does not have jurisdiction over requests for specific performance or injunctive relief.

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VA SDVOSB “Rule of Two”: Contracting Officer’s Price Reasonableness Determination Need Not Defer to FSS

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The VA’s “rule of two” for service-disabled veteran-owned small businesses provides a powerful contracting preference. Thanks to the rule of two, the VA awarded 23.39% of prime contracting dollars to SDVOSBs in Fiscal Year 2019, compared to 4.39% governmentwide.

But the rule of two has its limits. Importantly, before issuing an SDVOSB set-aside, the Contracting Officer must have a reasonable belief that “the award can be made at a fair and reasonable price that offers best value to the United States.” And, as a powerful federal court recently held, the fact that an SDVOSB’s prices have been accepted by the GSA under the Federal Supply Schedule program does not require the VA to accept those prices as fair and reasonable in a rule of two analysis.

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Changes to the Gig-Contractor Rule: Biden Administration Poised to Freeze New Rule From Taking Effect

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The Department of Labor on January 7, 2021 posted a final rule regarding the classification of so-called “gig contractors.”  The final rule is set to take effect on March 8, 2021. A big question mark looms over whether this rule will actually take effect. The incoming Biden administration, as most incoming administrations have done, intends to freeze all pending regulations which have yet to take effect.

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COFC Says Agency Must Consider Rule of Two Before Using Multiple-Award IDIQ Contract Vehicle

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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.  

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SmallGovCon Week in Review: Jan. 11 – Jan. 15, 2021

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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.

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2020 Rewind: The Year’s Biggest Government Contracting News Affecting Small Businesses

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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. 

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