In a recent decision, the GAO laid down a stark reminder of its unwavering demand that offers be meticulously compliant with the instructions of a solicitation. In the decision, GAO denied a protest challenging the agency’s evaluation of a proposal as technically unacceptable where certain required proposal information was in pages that exceeded the solicitation’s page limits. The agency’s decision to ignore that information was reasonable and consistent with the solicitation’s terms.
Continue reading…Event: SDVOSB Programs Webinar, Hosted by Govology
The federal government spends more than $20 billion annually on contracts with service-disabled veteran-owned small businesses. But the rules governing SDVOSB eligibility can be complex and confusing – starting with the fact that the government runs not one, but two SDVOSB programs.
On January 14, join me for a webinar, hosted by our friends at Govology, covering the ins-and-outs of Uncle Sam’s SDVOSB programs. In this session, I will demystify the key SDVOSB eligibility requirements in plain English and provide an update on some major pending changes to the SDVOSB programs. It’s easy to register: just follow this link. I hope to see you (virtually, anyway) on January 14!
SmallGovCon Week in Review: Dec. 14 – Dec. 18, 2020
Monday December 21 will be the shortest day of the year in United States. But guess what–that means we’ll be seeing more daylight starting Tuesday! While you are burning the midnight oil and preparing for the holidays, check out some of these recent federal contracting updates.
These include the federal government averting a shut down, details on a cyber attack involving multiple federal agencies, and a GAO report that agencies must enhance supply chain risk management.
Continue reading…IHS (Finally) Proposes Stronger Rules for Buy Indian Act
The Indian Health Service has released a proposed rule that will strengthen requirements for IHS to set aside contracts for businesses owned by tribal companies. The new rule should result in increased opportunities for native-owned businesses by bringing Buy Indian Act purchasing preferences in line with other purchasing policies such as the small business Rule of Two, and it’s about time, as this purchasing preference has been law for 110 years with little clarity on how agencies would enforce it.
Continue reading…Check Your Joint Venture Agreements: Under-the-Radar SBA Change Could Cause Problems
Joint ventures operating under the SBA’s All Small Mentor-Protege Program may need to adjust their joint venture agreements because of a little-noticed change to SBA’s joint venture rules.
In its recent final rule, effective November 16, SBA amended two of the mandatory requirements for mentor-protege joint ventures pursuing small business set-aside contracts. SBA did not make corresponding changes to the joint venture rules for SBA’s four major socioeconomic programs–meaning that a joint venture agreement that complies with the small business set-aside rules may not be valid if the joint venture pursues 8(a), SDVOSB/VOSB, HUBZone or WOSB/EDWOSB contracts (and vice versa).
Continue reading…SBIR Program: Agencies Have Broad Discretion Over Phase III Awards, GAO Confirms
A federal agency has broad discretion to make a sole source award under Phase III of the Small Business Innovation Research program.
In a recent bid protest decision, the GAO confirmed that an agency may make a Phase III award when the contract “derives from, extends, or completes efforts made under prior funding agreements under the SBIR program.” What’s more, an agency has “relatively limited requirements to justify a phase III award,” and considerable discretion when it comes to determining whether a new contract fits this definition.
Continue reading…SmallGovCon Week in Review: Dec. 7 – Dec. 11, 2020
Hope your holiday season is going well. I’m enjoying the start of college basketball–finally getting to watch the hometown Jayhawks, who ended last season at number 1 in the polls!
This week saw some key updates, including timing for STARS III awards and other small business GWACs, a report on mismanagement related to the AbilityOne program, and a new DOD directive to improve acquisition reform.
Continue reading…