Happy National PTAC Day!

I wanted to wish our readers a fine National PTAC Day! The local PTACs are an invaluable resource for many federal contractors, especially those just starting out in the federal contracting space.

There are PTACs in all 50 states. And those local branches serve over 48,000 clients. Be sure to give your local PTAC some love this week!

Inspector General: SBA’s Certify.SBA.gov Platform “Has Not Accomplished Its Objectives”

The SBA’s “Certify” website, certify.SBA.gov, has fallen far short of meeting its objectives, according to an eye-opening report from the SBA’s Office of Inspector General.

The OIG concludes that, despite an investment of $30 million, Certify “does not have many of the essential search, analytical, and reporting tools it was supposed to have.” Additionally, Certify’s lack of functionality has forced SBA employees to use time-consuming workarounds, causing delays in screening and approving applications, among other things.

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SmallGovCon Week in Review: Sept. 7-11, 2020

Before 2001, September 11 was just another day on the calendar. Now, nineteen years later, that date is burned into the minds of everyone old enough to remember. Today, let’s all take a moment to honor those who died, their loved ones, and the first responders who risked their lives to help others.

Before we head into the weekend, it’s time for our weekly look at what’s happening in the world of federal government contracts. In this week’s SmallGovCon Week in Review, a contractor agrees to pay back wages and fringe benefits after a government investigation, supply chain problems are hampering the typical end-of-fiscal-year spending boom, and much more.

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Beta.SAM.gov: Check Early & Check Often!

If we’ve said it once, we’ve said it a thousand times: when it comes to submitting your GAO protest, meeting GAO’s strict timeliness requirements is a must. So is watching out for notices on contract awards posted online. In Prudential Protective Services, LLC, B-418869 (Aug. 13, 2020), the protest was dismissed as untimely because it was filed more than 10 days after notice of the award was posted to beta.SAM.gov.

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In VA Tiered Evaluation, Small Business Couldn’t Protest SDVOSB Discussions

After the Supreme Court’s unanimous Kingdomware decision affirmed the VA’s statutory obligation to prioritize SDVOSBs in its contracting, the VA authorized the use of so-called “tiered evaluations.” In a typical VA tiered evaluation, various categories of offerors can submit proposals, but SDVOSB proposals are considered first, then VOSB proposals, and so on.

Recently, a non-SDVOSB small business protested the VA’s decision to open discussions with the only SDVOSB offeror to submit a proposal–discussions that allowed the SDVOSB to win the contract. But according to the GAO, the small business couldn’t file a valid protest because the small business wasn’t in the same tier.

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SmallGovCon Week In Review: August 31 – September 4, 2020

It’s been a great (and busy) week for me and my colleagues at Koprince Law as we settle into our new roles. Along with our new roles, keeping our SmallGovCon readers apprised of the latest and greatest in government contracting remains one of our passions. As you move into a (hopefully relaxing) Labor Day weekend, let the sweet sounds of these government contracting updates be your guide.

This week, we’ve had updates on some big DOD contracts, Section 889 updates, and GSA evaluating price on some contracts at order–rather than IDIQ–level.

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Ring Ring! GAO Sustains Protest of Awardee’s Conflict of Interest

Agencies have broad discretion when it comes to evaluating potential organizational conflicts of interest–but that discretion isn’t unlimited. In a recent decision involving a fight between two telecommunications giants, the GAO sustained the protest, holding that the the agency unreasonably concluded that there was no possibility of an “impaired objectivity” OCI arising from the award.

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