GAO Annual Bid Protest Report Shows 51% Effectiveness Rate

In 2020, the GAO Bid Protest effectiveness rate crossed the 50% threshold, higher than we’ve seen it in any recent year.  Overall, cases filed went down a mere 2% year over year.

GAO issues its yearly report as a requirement under statute. Congress is particularly concerned with knowing 1) which federal agencies didn’t follow GAO’s recommendations in bid protests and 2) if GAO did not issue a decision in 100 days. As like most years, GAO was “pleased” to report that all agencies followed its recommendations, when given, and that it timely (within 100 days) decided all bid protests.

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SmallGovCon Week in Review: Dec. 21 – Dec. 24, 2020

Merry Christmas and Happy Holidays to all our SmallGovCon readers! Hope you have a happy and healthy time over the holidays. But in case you need some reading to tide you over, here are some of the top government contracting updates from this week.

These included insights on a potential government shutdown, updates on passage of the NDAA passage and COVID-19 relief bills, and more on the SolarWinds breach.

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Congress Requires Large Primes to Provide Past Performance Reviews to Small Subcontractors–And Agencies to Consider Them

Breaking into the federal government contracting marketplace can be challenging, and many small businesses choose to start as subcontractors. But when those companies later bid on prime contracts, they sometimes find that they cannot get past performance reviews for their subcontract work, or that the government won’t consider such reviews.

Now, Congress has stepped in. A provision in the 2021 National Defense Authorization Act will require large prime contractors to provide small businesses with past performance reviews in certain cases, and will require agencies to consider them.

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Event: Small Business Contracting at Pub K’s Annual Review

As you make your plans for 2021, be sure to mark down Pub K’s Annual Year In Review. I’m excited to be part of a panel on small business contracting! There are other helpful panels on items ranging from claims to cybersecurity from January 25 through 28, so take a look at the entire schedule.

I’ll be speaking at 3 pm eastern on January 27. The event is free to the public. Check the site for details on how to register.

8(a) Participants to Receive One-Year Extension Through COVID-19 Bill

Update: The Consolidated Appropriations Act, 2021 was passed on December 27, 2020. The NDAA was passed on January 1, 2021.

Congress has included in the new COVID-19 relief bill a one-year extension of the term for participation in the 8(a) Program. Under the provision, any small business concern participating in the 8(a) program on or before September 9, 2020 may “elect to extend such participation by a period of 1 year”.  This is good news, especially for those concerns in their last year of viability in the 8(a) program who may have felt shortchanged from COVID’s effects on the economy.

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New DoD Rule Requires Formal Certification for WOSB and EDWOSB Contracts

The DoD has issued a new class deviation, effective immediately, which implements the SBA’s requirement that women-owned small businesses be formally certified to receive WOSB set-aside contracts.  The class deviation contains a “priority review” procedure to allow companies with pending WOSB or EDWOSB certification applications to be considered for award. 

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