While most of our get-togethers these days involve mask wearing, social distancing, and even virtual happy hours, spending time with friends is a great way to keep spirits light. Unfortunately for one group of friends, their weekly hangouts led GAO to conclude in its recent decision, Teledyne Brown Engineering, Inc., B-418835 (Sept. 25, 2020), that NASA had to cancel a more than $650 million deal and start the procurement process all over.
Continue reading…House-Passed 2021 NDAA Creates Government-Wide SDVOSB Certification Requirement
Ever since the VA set up its SDVOSB verification program, critics of SDVOSB self-certification have been pushing for the government to expand SDVOSB verification government-wide. Now, it might finally happen.
Section 831 of the House of Representatives’ version of the Fiscal Year 2021 National Defense Authorization Act would expand SDVOSB verification government-wide, formally rename it “certification,” and transfer certification authority from the VA to the SBA.
Continue reading…SmallGovCon Week in Review: Sept. 28 – Oct. 2, 2020
We’ve been having some great fall weather here in Kansas this week. From what I’ve heard from others around the country (other than the west coast), the cooler weather has definitely arrived. As you break out your sweaters and pumpkin spice . . . everything, check out the latest government contracting updates.
This week’s news included record spending at the end of the fiscal year, a report on the VA’s Medical-Surgical Prime Vendor Program, and updates on the Chinese telecom ban.
Continue reading…Limitations on Subcontracting: Step-by-Step, Plain English Guides
In my legal career representing hundreds of small businesses in government contracting, few topics have caused as much confusion as the limitations on how much work can be subcontracted on small business set-aside contracts and sole source contracts (like 8(a) Program direct awards).
Earlier, working with my friends at Govology, I put together step-by-step compliance guides for service contractors, construction contractors, manufacturers, and nonmanufacturers. Each guide is written in plain English and includes examples to help demonstrate how the SBA’s limitations on subcontracting rule (13 C.F.R. 125.6) works in practice.
Here’s where to find my limitations on subcontracting guides:
Continue reading…University of Texas San Antonio PTAC Legal Update
I’m pleased to announce a new learning opportunity from me and my colleague Steven Koprince! There’s been some big changes for government contractors over the last year, so it’s important to sort through them all.
To aid that process, we will be presenting “Government Contracts Legal Update 2020,” a virtual event hosted by the University of Texas San Antonio PTAC. The event will take place on October 22 from 1:00 PM – 2:30 PM (CDT). More information can be found here.
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GAO Not Buying Agency’s Proposed Online Marketplace Solicitation
We all know online marketplaces are very popular among consumers, so it’s no wonder that federal agencies would want to get in on the action too. But a federal agency is different from an ordinary consumer because the federal government is required to purchase goods and services according to a vast array of federal statutes and regulations. When an agency tried to set up an online marketplace in violation of acquisition rules, GAO didn’t let it fly.
Continue reading…SBA Clarifies that SBIR and STTR Programs Will Allow Successor-In-Interest Transfers of Awards
SBA recently issued a technical amendment to its SBIR and STTR Programs Policy Directive to clarify that successor-in-interest entities are, in fact, eligible to receive phase III awards. The amendment will take effect on October 1 of this year.
Continue reading…